BANKE LAL AGARWAL Vs. PRADEEP KUMAR JAIN

JUDGEMENT

(1.) Heard learned Counsel for the parties.

(2.) This petition is directed against concurrent orders dated 3.3.1993 and 30.1.2006 by which the eviction suit filed by the Petitioner-landlord has been dismissed by both the courts below.

(3.) The Petitioner-landlord instituted S.C.C. Suit No. 36 of 1989 against the Respondent-tenant inter alia with the allegation that he was inducted as a tenant of the disputed premises on 10.6.1982 at Rs. 220 per month apart from house tax @ Rs. 30 and a due rent deed was also executed for a period of five years with a provision for enhancement to Rs. 300. It was further alleged that the tenant defaulted in payment of rent with effect from 1.12.1988 and tax w.e.f. 1.4.1988 and despite notice, he did not pay the rent or vacated the premises and since the premises was newly constructed in the year 1982 and was assessed to house tax for the first time with effect from 1.10.1982. U.P. Act No. XIII of 1972 (here-in-after referred to as the Act) was not applicable and therefore he was entitled to eviction and arrears of rent. The suit was contested by the Respondent-tenant admitting tenancy and payment of rent uptil November, 1988 and both the parties led their evidence.