ULFAT RAI Vs. DEVENDRA KUMAR

JUDGEMENT

(1.) This writ petition is directed against the concurrent judgments and orders dated 15.07.2011 and 04.08.2009 passed by the Additional District Judge, Court No. 1, Muzaffar Nagar in SCC Revision No. 10 of 2009 and the Civil Judge, Sr. Division/J. S. C. C. , Kairana, Muzaffar Nagar respectively whereby the SCC Suit No. 05 of 2005 filed by the respondent-landlord has been decreed.

(2.) A Suit for arrears of rent and ejectment was filed on 22.02.2005 by the respondent-landlord, which was registered as SCC Suit No. 05 of 2005. After the exchange of pleadings, leading of evidence and cross-examination of witnesses, the said suit was decreed by order dated 04.08.2009 against the petitioner-tenant, holding that the U. P. Act No. 13 of 1972 (in short the Act) is not applicable in the matter and further held that the petitioner-tenant committed default in payment of rent and is not entitled to get any benefit under Section 114 of the Transfer of Property Act, 1882 (in short 'T. P. Act') and is liable to be evicted.

(3.) Feeling aggrieved and dissatisfied with the said order, the petitioner-tenant filed a Revision, which was registered as SCC Revision No. 10 of 2009 and the same was dismissed by the Court below vide order dated 15.07.2011. Hence the present writ petition.