KAMLESH KUMAR GUPTA Vs. SPECIAL JUDGE

JUDGEMENT

(1.) The petitioner who admittedly is the tenant tn a portion (shop) of premises No. 1856 situated in mohalla Cantonment. Station Road, Banda, has challenged the order dated 3.8.2000 passed by the trial court in S.C.C. Suit No, 4 of 1998 and the order dated 19.1.2001 passed tn Revision Application No. 48 of 2000 under Section 25 of the Provincial Small Causes Courts Act. It is prayed that both the orders being illegal and without jurisdiction be quashed and the respondent No. 3 be commanded not to disturb with the possession of the petitioner over the tenanted accommodation.

(2.) At the initial stage of filing of the present petition, appearance was put in on behalf of the landlord respondent No. 3 through Sri Rajesh Tandon, senior advocate assisted by Sri Pankaj, Srivastava. He made a statement that the petition be finally disposed of on merits on the basis of the material available on record. Sri M. A. Qadeer, learned counsel for the petitioner did not have any objection to it and consequently. I proceeded to dispose of the petition on merits at this stage.

(3.) Sri Qadeer took two distinct pleas to assail the decree passed in S.C.C. Suit No. 4 of 1998 as affirmed in S.C.C. Revision No. 48 of 2000 ; firstly that the provisions of the U. P. Act No. 13 of 1972 (hereinafter called the Act of 1972) are applicable to the tenanted accommodation and since the petitioner has cleared all the dues, as demanded by the respondent No. 3 within the period stipulated in the composite notice of demand and to quit, no order of eviction could be passed, as the possession of the petitioner is statutorily protected under the provisions of Section 20 (2) (a) of Act of 1972, and secondly that even if it be held that the Act of 1972 did not apply to the tenanted accommodation, the contract of tenancy being in contravention of the provisions of Sections 11, 13 and 17 of the Act of 1972, it cannot be enforced by the landlord in view of the Full Bench decision of this Court in the case of Nutan Kumar and others v. Second Additional District Judge, Banda and others, 1993 All CJ 721.