SANGEETA GOEL Vs. CHANDRAKANTA BANSAL

JUDGEMENT

(1.) This writ petition has been filed for quashing the order dated 9.4.2007 passed by Judge Small Cause Court in Suit No. 35 of 2001 and order dated 7.12.2009 passed in Revision No. 19 of 2007.

(2.) The respondent being a landlord filed a suit for ejectment against the respondent for arrears of rent. The petitioner is a tenant of Shop No. 14/1232-A situate in Mohalla Kishanpura, district-Saharanpur since 1998 on the monthly rent of Rs. 750/-. It was pleaded in the plaint that the shop in question was constructed in the year 1990, therefore, the provisions of Act No. XIII of 1972 are not applicable to the shop in dispute. The tenant petitioner has not paid rent since 1.9.2000 in spite of the demand, therefore, a notice under Section 106 of the Transfer of Property Act was given on 31.3.2001. The notice was refused and it was received back. Inspite of the aforesaid fact the rent was not paid. Then a suit was filed which was numbered as Suit No. 35 of 2001. A written statement was filed by the petitioner tenant and denied the factum regarding construction of the shop in the year 1990. It was stated that the shop in dispute is a part of big residential building owned by the landlord and is in existence from the time of the construction of the residential building. Therefore, the provisions of the Act are applicable and as the tenant has deposited the arrears of rent under Section 20 of the Act and no notice as alleged have been received, therefore, the suit is liable to be dismissed.

(3.) The Judge Small Cause Court framed various issues and after consideration of the evidence on record after recording a finding that from the sanction of the map which is of 1990, it is clear that it has been constructed after the sanction of the map and first time it was assessed in the year 1996, therefore, Act No. XIII of 1972 is not applicable and as such the deposit made, if any, by the tenant-defendant, no benefit can be given to the tenant as Act is not applicable. The Judge Small Cause Court vide its judgment and order dated 9.4.2007 has decreed the suit for arrears of rent and ejectment. The petitioner filed a revision. The revisional court too has dismissed the revision vide its judgment and order dated 7.12.2009. Hence, the present writ petition.