CHITRANJAN SINGH Vs. SAMARPAL SINGH

JUDGEMENT

(1.) This is defendant's revision under section 25 of the Provincial Small Causes Court Act.

(2.) Original S.C.C. suit no.5/1983 was instituted against the present applicant and other defendants for recovery of arrears of rent, mesne profits, pendente lite, future damages and for eviction from accommodation no.446 Mohalla Kalyan Singh, Mawana, District Meerut on the allegations that the said accommodation is shop cum residential accommodation where in on the ground floor there are shops and godowns whereas on the first floor there are rooms for residential purposes. Karan Singh, Uncle of the plaintiff No.1, Samerpal, had let out the premises to Nawab Singh, the father of the defendants. Plaintiff No.1, Samerpal, became the owner and landlord of the property in dispute by virtue of a Will dated 23.5.1973 in his favour. The defendants after death of Nawab Singh inherited the tenancy and have paid rent upto August 1981 @ Rs. 440/- p.m. The tenancy was determined by means of notice dated 16.8.1982 for non payment of rent for the subsequent months.

(3.) The suit was contested by Shri Chitranjan Singh alone. He disputed the rate of rent and pleaded that it was Rs.200/- per month. Plea with regard to default in payment of rent was denied. It was further pleaded that the suit is not maintainable as the notice determining the tenancy under section 106 of the Transfer of Property Act has not been served on him. Benefit as envisaged under section 20(4) of U.P Act No. 13 of 1972 was claimed on the ground that he has deposited the requisite amount as required under the said provision on the first 'date of hearing'.