USHA RANI Vs. RAMESH CHANDRA AGARWAL AND OTHERS

JUDGEMENT

(1.) Heard Sri M.C. Bansal Counsel for the revisionist and Sri B.S. Adhikari Counsel for the respondents.

(2.) Present revision has been preferred against the judgment and decree dated 2.8.2005 passed by the District Judge, Nainital in S.C.C. Suit No. 8 of 1996 Smt. Udha Vs. Ram Avatar and others, thereby dismissing the suit of the plaintiff-revisionists with costs.

(3.) Briefly stated the plaintiff has filed a suit before the Judge, S.C.C. Nainital which was registered as SCC Suit No. 8 of 1996. According to the plaintiff Smt. Udha Rani she has purchased a house situated in Mohalla Ganj Kashipur, District Nainital from Sri Muralidhar son of Sri Bachchu Yadav by a registered sale deed dated 8th March, 1996. Defendant deceased Ram Awatar was tenant over the shop on the ground floor since the time of earlier landlord on rent of Rs. 100 per month. The defendants are the legal heirs of deceased Ram Awatar. According to the plaintiff provisions of U.P. Act No. 13 of 1972 are not applicable to the premises in dispute. According to the plaintiff the defendants have not paid rent from 1.3.1993 to 28.2.1996 i.e. 35 months and the earlier landlord has authorised the plaintiff to recover the arrears of rent from the defendants. The plaintiff has sent a legal notice on 8.4.1996 to the defendant and thereby determined the tenancy of the defendants. However, after expiry of the statutory period of notice the defendants have not vacated the disputed premises, hence the suit.