RAM AVTAR GOEL Vs. JAGANNATH GUPTA

JUDGEMENT

(1.) THIS is a revision by the tenant defendant in a suit for ejectment and arrears of rent filed by the landlords plaintiff -respondent Nos. 1 and 2 on the ground of denial of title and default attracting the liability for eviction under Section 20 (2) (f) and (g) of U.P. Urban Buildings (Regulation of Letting. Rent and Eviction) Act (U.P. Act 13 of 1972), hereinafter called 'the Act'. The suit was originally decreed on 23.4.1986. The tenant's revision against the decree was dismissed by this Court on 7.7.1997 holding that it was not necessary to deal elaborately the question of denial of title as the finding on default was being affirmed. This Indeed was a misconception as the decree of the trial court was not based on default. The case went up to the Supreme Court, which after setting aside the order of this Court, remanded the case to It on the short ground that the real Issue between the parties regarding denial of title was left undecided. This Court by its Judgment and order dated 29.1.1998 remanded the case to the trial court to record a finding whether in the absence of specific pleading the landlord had neither waived his right of re -entry nor condoned the conduct of the tenant as required under Section 20 (2)(f) of the Act, the suit could be entertained and If so, whether there had been in fact such a waiver or condonation so as to disentitle the plaintiff from an order in his favour even on the basis of denial of title. On remand, the Judge, small cause court decreed the suit and held that the pleadings in the present case were sufficient to fulfil the requirement of Section 20 (2)(f) of the Act and that it was proved that the landlord had not waived his right of re -entry nor condoned the conduct of the tenant.

(2.) I have heard Shri Z.M. Naiyer, learned counsel for the applicant and Shri Manish Goyal, learned counsel for the opposite party landlord.

(3.) IT is to be seen as to what would be the material facts, which would constitute the cause of action in a suit for eviction under Section 20 (2)(f) of the Act. First - as provided in Section 20 (2) of the Act. It is the determination of tenancy. Second -that the tenant has renounced his character as such or denied the title of the landlord ; and third - that the landlord has not waived his right of re -entry or condoned the conduct of the tenant. If the aforesaid three facts are pleaded and proved, a landlord is entitled to a decree for eviction under Section 20 (2)(f) of the Act. Section 106 of the Transfer of Property Act provides that a landlord may determine the tenancy by a notice to quit.