OM PRAKASH SHARMA Vs. SATISH CHANDRA SHARMA

JUDGEMENT

(1.) The present revision has been filed under Section 25 of the Provincial Small Causes Court Act against the judgment and decree dated 15th October, 2009 passed in S.C.C. Suit No. 10 of 2006 Om Prakash Sharma v. Satish Chandra Sharma whereby the court below has dismissed the suit. The said suit was filed by Om Prakash Sharma, the applicant herein, on the pleas inter alia that he is the owner and landlord of House No. 8/83 (Old), 14/119 (New) situate at Mandir Wali Gali, Padaw Dube, Aligarh. Satish Chandra Sharma the defendant is the tenant of its ground floor on a monthly rent of Rs. 2,200/-, besides the house tax and water tax. The tenancy has been determined by a notice under Section 106 of the Transfer of Property Act. The provisions of U.P. Act No. 13 of 1972 are not applicable as the monthly rent is more than Rs. 2000/- therefore the building is exempted building.

(2.) The suit was contested on the pleas inter alia that the defendant tenant is not in defaulter in payment of rent and that monthly rent is Rs. 2,200/- inclusive of house tax and water tax. In other words, the defendant is not liable to pay the house tax or water tax separately.

(3.) The parties led evidence oral and documentary in support of their respective cases. The suit has been dismissed by the court below on the finding that the defendant-tenant is not liable to pay the house tax and water tax and he is not a defaulter in payment of rent. Further finding under Issue No. I is that the provisions of U.P. Act No. 13 of 1972 are not applicable. The trial court has granted benefit of Section 114 of the Transfer of Property Act by relieving the tenant from eviction decree as the requisite amount was deposited before the trial court.