HARISH KUMAR BHARTI Vs. ANKUR AGARWAL AND OTHERS

JUDGEMENT

(1.) The present revision has been filed under Section 25 of the Provincial Small Cause Courts Act against the judgment dated 9.7.2010 passed in SCC Suit No. 266. The said suit was filed by the plaintiff opposite parties herein for recovery of arrears of rent ejectment against the present applicant on the pleas inter alia that the defendant-applicant took the shop in question on monthly rent of Rs. 570/- and he is in arrears of rent from 1.1.2002. His tenancy has been determined by the notice dated 24.1.1996. The provisions of U.P Act No. 13 of 1972 are not applicable as the shop in question is a new construction which was got constructed after getting the map sanctioned on 11.1.1996 by the Development Authority at Bulandshahar.

(2.) The defendant-tenant failed to deposit the rent/damages as required under 15 Rule 5 CPC and therefore his defence was struck off and that order has attained finality. Thereafter the suit has been decreed by the order under revision.

(3.) The learned Counsel for the applicant submits only one point in support of the revision. He submits that the finding recorded by the trial Court on the question of date of construction of the shop in question is incorrect and provisions of U.P Act No. 13 of 1972 are applicable. Reliance has been placed upon a judgment of this Court in the case of Anil Kumar Sharma v. Smt. Meena Gangal and Anr., 2002 2 ARC 413 .