MANOJ Vs. RAM DEVI (DEAD) THROUGH L.RS.

JUDGEMENT

(1.) Heard learned Counsel for the parties and perused the record. The petitioner is tenant of a shop in premises No. 46/1124, Hanuman Nagar, Jagdishpura, Agra at the rate of Rs. 150/- per month inclusive of taxes. Earlier, the father of the petitioner late Pati Ram was the tenant and after his death during the pendency of the proceedings the tenancy devolved upon the petitioner.

(2.) SCC Suit No. 155 of 1995 for ejectment was filed by Smt. Ram Devi the owner and landlady of the premises in dispute against the tenant on the grounds of arrears of rent and denial of title, with the allegation that the shop in dispute was constructed in the year 1982 and thereafter let out to the tenant who has committed default and has not paid the rent since June, 1988 and thereafter the tenancy of the petitioner was terminated vide notice dated 13.8.1991 which was served on 14.8.1991. After her death her legal heirs and representatives were substituted as respondent No. 1/1 Chandra Bhan and respondent No. 1/2 Smt. Chandrawati, son and daughter of Dauji Ram, husband of Ram Devi.

(3.) The defendant filed his written statement stating categorically that the shop in dispute was an old construction covered by the provisions of U.P. Act No. 13 of 1972, on refusal to accept the rent by the landlord the same was deposited under section 30(1) of U.P. Act No. 13 of 1972 in Misc. Case No. 213 of 1988, which was allowed finally on 16.4.1992. It was further stated that there was no denial of title, tenant has also deposited Rs. 12000/- under section 20(4) in the suit itself on the first date of hearing and notice of the plaintiff was invalid.