CHANDRA PRAKASH AGARWAL Vs. ABDUL NAYEEM

JUDGEMENT

(1.) Petitioner has invoked the extraordinary jurisdiction of this Court under Article 227 of The Constitution of India, seeking a writ of certiorari setting aside the impugned judgment and decree dtd. 16/8/2012 passed by Judge, Small Cause Court/Civil Judge (Senior Division), Almora in small cause case no.02 of 2010 and the judgment and decree dtd. 2/9/2014 passed by District Judge, Almora in civil revision no.14 of 2012.

(2.) Brief facts of the case are that the petitioner/landlord filed a suit being SCC suit no.02/2010 before Judge, SCC, Almora against the respondents/tenants for ejectment and arrears of rent stating that the plaintiff is the landlord of the building situated at first floor consisting of two rooms, kitchen and a balcony, and the respondent is the tenant @ Rs.300.00 per month in the said premises. It is contended that the tenant has committed default in payment of rent; he has purchased a house in the name of his wife and has shifted to his own house and some part of the house which is under tenancy has been let out. It is contended that since November, 2006, the tenant is not paying any rent. However, he has deposited the rent in the court of Civil Judge (Junior Division) under Sec. 30(1) of the U.P. Urban Buildings (Regulation of Letting, Rent and Eviction) Act, 1972 (for short, Act No.13 of 1972). An amount of Rs.10,800.00 is due towards tenancy and the tenancy of the respondent has been terminated by issuing a legal notice to him. Respondent/tenant contested the suit and filed his written statement. In his written statement, he denied all the averments. He contended that he is under tenancy @ Rs.100.00 per month. Contents of para-3 where it is stated that the tenant is living in a accommodation of two rooms, kitchen and balcony, has been specifically denied. The respondent/tenant also contended that he is depositing the rent u/s 30(1) of the Act No.13 of 1972 and thus there is no default committed by him in payment of rent.

(3.) On the pleadings of parties, learned Judge, S.C.C. formulated the following issues/points of determination: