BACHCHU LAL Vs. BASSO BEGUM

JUDGEMENT

(1.) The landlord Respondent Smt. Basso Begum instituted a Suit No. 505 of 1999 Smt. Basso Begum v. Bachchu Lal, in the Court of Judge Small Cause for decree of ejectment and recovery of arrears of rent and damages for use and occupation of the premises in question, i.e., portion of house No. 98/182 (new number 98/182C), wherein the Petitioner-tenant is said to have been carrying on business on the shop @ Rs. 53 per month as rent. The tenancy of the Petitioner consisted of two rooms. The other room has also been let out by the landlord @ Rs. 52 per month.

(2.) It appears from the record that the stand of the landlord is that the tenant did not pay the rent from 1.9.1992 to 31.10.1999 and has also raised unauthorized constructions and dug the floor three feet deep which has adversely affected the foundation of the building and has decreased its utility. The tenant is also said to have erected a wall and converted the front portion of the tenancy in two shops by which the value of the building has further diminished on account of material alterations. This compelled the landlord to send a notice dated 15.11.1999 which was served upon the tenant on 16.11.1999.

(3.) The suit was contested by the tenant by filing written statement denying the entire allegations made in the plaint of the landlord. It has been asserted therein that he is depositing rent under Section 30 of U.P. Act No. 13 of 1972 in Case No. 700/70 of 1994 between Bachchu Lal v. Basso Begum, as the landlord has refused to accept the rent and he has neither made any alteration in the building by digging the building in question nor has raised constructions diminishing the value of the building. It has also been denied that he has opened any window in the wall of the shop in question nor has forcibly occupied any portion of the building in any manner whatsoever.