ALI HASAN SAIFI Vs. SATISH KUMAR

JUDGEMENT

(1.) This revision under Section 25 of Provincial Small Cause Courts Act has been field by the defendant tenant against the judgment and decree dated 2-2-1999 passed by 9th Additional District Judge, Ghaziabad in S.C.C. suit No. 33 of 1992 decreeing the suit of respondent for ejectment and pendente lite and future damages at the rate of Rs. 600.00 per month.

(2.) The respondent landlord filed S.C.C. suit No. 33 of 1992 against the applicant tenant, for his ejectment from the shop in suit for recovery of arrears of rent from 1-11-1989 till the date of suit at the rate of Rs. 1,500.00 per month and for pendente lite and future damages at the rate of Rs. 2,000.00 per month.

(3.) The case of the plaintiff, in brief, was that he was owner landlord of premises in question and defendant was its tenant on monthly rental of Rs.1,500.00 The defendant was carrying on furnitue shop in the premises in question. The shop in question was cnstructed in the year 1986 after demolition of old one and therefore the provisions of U.P. Act No. 13 of 1972 were not applicable to it. The defendant fell in arrears of rent since 1-11-1989 and the plaintiff landlord accordingly terminated his tenncy by serving a registered notice dated 22-3-1992 under Section 106 of Transfer of Property Act. The above notice was returned un-served. Therefore he again sent another notice dated 13-4-1992, which was served on the defendant tenant by refusal. The tenancy of the defendant accordingly stood terminated with effect from 13-10-1992. The defendant neither paid the rent nor vacated the premises in question; hence the suit.