MOHAMMAD HASAN Vs. ABDUR RASHEED

JUDGEMENT

(1.) Heard learned Counsel for the parties. This petition by the tenant is directed against a revisional order dated 18.11.2008 by which the suit for eviction filed by the respondent-landlord has been decreed. The respondent-landlord instituted SCC Suit No. 1 of 2004 for recovery of arrears of rent and damages and ejectment of the petitioner from the disputed shop wherein he was alleged to be a tenant at the rate of Rs. 150/- per month and had failed to pay rent from September, 2003 despite notice of demand dated 28.1.2004. It was further alleged that the disputed shop was a new construction and therefore the provision of U.P. Act No. XIII of 1972 (hereinafter referred to as the Act) was not applicable.

(2.) The petitioner tenant contested the suit stating inter alia with the allegation that though rent was paid upto the month of September, 2003 but the plaintiff had not given receipt and he was never served with the notice. It was further stated that the petitioner was a tenant of an old shop from which the respondent-landlord tried to forcibly evict the petitioner and therefore he filed original suit No. 1376 of 2000 for injunction against the landlord to restrain him from evicting the petitioner from the disputed premises except in accordance to law. The said suit was decided in terms of a compromise with contemplation that the landlord would construct a new shop after demolishing the old one and let it out to the petitioner and therefore the Act was applicable.

(3.) After the parties led their evidence, the Trial Court held that the Act was applicable and there was no default and therefore dismissed the suit.