AKHILESH JAISWAL Vs. MADAN LAL

JUDGEMENT

(1.) Heard Sri Ravi Kiran Jain, learned Senior Advocate assisted by Sri Ankur Sharma for the petitioner and Sri M.K. Gupta for the respondent-landlord.

(2.) This petition by the tenant is directed against concurrent judgments dated 24.5.2000 and 7.3.2009 by which a suit for eviction and arrears of rent filed by the respondent-landlord has been decreed by both the courts below.

(3.) The respondent-landlord preferred a S.C.C. suit No. 115 of 1995 against the petitioner-tenant inter-alia on the allegation that he was a tenant of the disputed shop at a monthly rent of Rs. 450/-but he changed the usage and was in arrears of rent from 1.4.1990 and despite notice dated 19.4.1994 and 29.4.1994, neither he paid the rent together with damages etc. nor vacated the premises, forcing him to file the said suit for eviction and arrears of rent with the allegation that the U.P. Act No. XIII of 1972 (here-in-after referred to as the Act) was not applicable and his tenancy stood determined and therefore he should be evicted and pay the arrears of rent.