ASHOK KUMAR Vs. PRATAP SINGH AND OTHERS

JUDGEMENT

(1.) Heard Counsel for the petitioner and the Counsel for the respondent-caveator. This petition is directed against concurrent orders dated 8.1.2008 and 16.3.2010 by which the respondent-landlord's suit for eviction and arrears of rent has been decreed by both the Courts below.

(2.) The respondent-landlord instituted a suit No. 41 of 2004 before Judge, Small Causes Courts for eviction and arrears of rent against the petitioner. It was inter alia alleged that though the petitioner was a house grabber but since he had filed a suit No. 44 of 2003 alleging himself to be the tenant of the petitioner in the disputed shop at Rs. 200/- per month, therefore assuming that he was a tenant at Rs. 200/- per month, but he had not paid rent from January, 2003 and in spite of notice dated 7.1.2004, neither he tendered rent nor vacated the premises. It was further pleaded that U.P. Act No. XIII of 1972 was not applicable and therefore, the defendant was liable for eviction.

(3.) The petitioner-tenant contested the suit saying that he was depositing the amount under section 30 of the Act and further that the Act was applicable and he was not in arrears of rent.