YOGENDRA PAL SINGH Vs. PREM SINGH

JUDGEMENT

(1.) The premises in dispute is a room in accommodation No. 2/4 Kishanpur, Ramghat Road, Aligarh. The respondent is the landlord of the same and the petitioner was his tenant since 1982. The landlord-respondent filed S.C.C. Suit No. 79 of 1994 against the petitioner for eviction on the ground of the default fn payment of rent. The petitioner contested the suit and alleged that he sent the rent by money orders and ultimately deposited the rent under Section 30 (1) of U. P. Act No. XIII of 1972 and that there is no default in payment of rent. It was further pleaded that the rate of rent is Rs. 150 per month. The suit for eviction was decreed on 28.8.1999 by judgment, Annexure-6 to the petition by J.S.C.C.. Aligarh, on the finding that the rate of rent is Rs. 300 per month and that there is default in the payment of rent. Against that order, the petitioner preferred S.C.C. Revision No. 42 of 1999 which has also been dismissed on 8.3.2001 by IVth Additional District Judge, Aligarh, by judgment, Annexure-9 to the petition. The petitioner, therefore, has invoked extraordinary Jurisdiction of this Court under Article 226 of the Constitution of India.

(2.) I have heard Sri A. K. Aditya, learned counsel for the petitioner and Sri M. K. Gupta, learned counsel for the respondent.

(3.) It is contended by the learned counsel for the petitioner that the rate of rent is Rs. 150 per month ; that there is no default in payment of rent ; that tenancy was illegal being without allotment and, therefore. J.S.C.C. has no Jurisdiction to pass the decree for eviction.