GIRIRAJ PRASAD Vs. SHYAM SUNDER AGRAWAL

JUDGEMENT

(1.) Heard Learned Counsel for the parties.

(2.) This petition is directed against a revisional judgment dated 23.4.2002 by which the suit of the Respondent landlord for eviction has been decreed.

(3.) The Respondent landlord instituted S.C.C. Suit No. 11 of 1991 with the allegation that he is the owner and landlord of the disputed shop bearing municipal No. 70 in Jagannathpuri, Mathura which was newly constructed in 1983 and where the Petitioner was a tenant at Rs. 250 per month apart from water and house tax. It was further pleaded that the building was beyond the purview of U.P. Act No. 13 of 1972 (hereinafter referred to as the 'Act'), but tenant had defaulted in payment of rent and house and water tax since January 1989 and despite a composite notice dated 27.6.1989 and 11.7.1989, neither the amount was paid nor the tenant vacated the premises forcing him to file the suit for eviction.