SUNEET KUMAR Vs. KRISHNA KUMAR AGARWAL

JUDGEMENT

(1.) Heard Sri Divakar Rai Sharma, learned counsel for the petitioner and Sri Pankaj Agarwal, learned counsel for the respondent.

(2.) The petitioner-tenant through the present petition has assailed the judgement and order dated 02.11.2018 passed by the Prescribed Authority/Judge Small Causes Court, Aligarh in UPUB Case No.33 of 2012 whereby application of respondent-landlord under Section 21(1)(a) of the U.P. Act No.13 of 1972 (hereinafter referred to as 'Act, 1972') for release of a godown has been allowed, and judgement and order dated 25.10.2019 passed by Additional District Judge, Court No.8, Aligarh dismissing the UPUB Miscellaneous Appeal No.10 of 2018 preferred by the petitioner against the judgement and order dated 2.11.2018.

(3.) The respondent-landlord (hereinafter referred as 'respondent') has filed release application under Section 21 (1)(a) of the Act, 1972 against the petitioner-tenant (hereinafter referred as 'petitioner') registered as UPUB Case No.33 of 2012 for release of a godown which exists over an area of 72 square yards in the property bearing municipal No.7/3, Patthar Bazar, Shahar Koil, Aligarh. The case of the respondent is that property bearing municipal No.7/3, Patthar Bazar, Shahar Koil, Aligarh (hereinafter referred as 'property') was purchased by the respondent and his three brothers by sale deed dated 25.06.1994 from one Upendra Kumar. A godown in an area of 72 square yards exists over the aforesaid property. It is stated that respondent and his brother Gopal Prasad Agarwal in January 1995 decided to rent out the aforesaid godown to the petitioner on rent @ Rs.1,000/- per month. The petitioner became tenant of the aforesaid godown since January 1995 @ Rs.1,000/- per month. The petitioner had paid the rent @ Rs.1,000/- to Gopal Prasad Agarwal till January 1996, thereafter, no rent was paid which led to the institution of a suit for eviction and arrears of rent by Gopal Prasad Agarwal against the petitioner.