NAZAKAT WALI KHAN @ PAPPU Vs. MOHAMMAD UMAR

JUDGEMENT

(1.) Heard Counsel for the petitioner and for the respondent-caveator. This petition is directed against concurrent orders dated 25.2.2009 and 23.3.2010 by which a suit for eviction and arrears of rent filed by the respondent-landlord has been decreed by both the Courts below.

(2.) It appears that the respondent-landlord instituted a S.C.C. Suit No. 48 of 2001 claiming to be the owner and lord of the disputed premises where the petitioner was a tenant at a monthly rent of Rs. 450/- apart from water tax etc. and the premises was a new building where U.P. Act No. XIII of 1972 did not apply and despite notice demanding an arrears of rent from 1.9.1999 to 30.4.2001, neither it was paid nor the premises was vacated.

(3.) The petitioner-tenant contested the suit admitting the tenancy and rate of rent with the further allegation that no legal notice was ever served on him and the disputed premises is an old building and the Act was applicable and he was not in default of payment of rent and in fact he had paid advance rent of Rs. 25,000/- at the time of inception of the tenancy which was never adjusted despite an understanding to that effect.