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/- 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/- per month and for pendente lite and future damages at the rate of Rs. 2,000/- per month.

(3.) THE learned Judge Small Causes Court framed necessary issues arising out of above pleadings of the parties and on consideration of the evidence of the parties held that the shop in question was reconstructed in the year 1986 after getting sanction plan passed from the Nagar Palika concerned and its first assessment was made with effect from 1991-92 and therefore provisions of U. P. Act No. 13 of 1972 was not applicable to it. THE plaintiff landlord proved by examining Postman concerned that the defendant tenant refused to take notice and defendant could not establish that he was in Ajmer Sharif from 11-4-1992 to 16-4-1992. He further held that rate of rent of the premises in question was only Rs. 600/- per month and the defendant tenant had paid rent upto December, 1992. He further held that the tenancy was terminated through simple notice under Section 106 of Transfer of Property Act and the tenant was not entitled to any protection under the provisions of U. P. Act No. 13 of 1972. With the above findings the trial Court decreed the suit for ejectment of the tenant from the premises in question and for pendente lite and future damages at the rate of Rs. 600/- per month.