VIJAY KUMAR Vs. ANGURI DEVI

JUDGEMENT

(1.) Heard Counsel for the parties and perused the record. Respondent Smt. Anguri Devi wife of Sri Pratap Singh Verma purchased part of the building in question situated 13/10 Anguri Devi Market Phul Chauraha, Aligarh vide sale deed dated 10.12.1985. According to the sale-deed the building was 90-100 years old. After purchase of the building, plaintiff-respondent prepared a map for reconstruction of the building which was sanctioned by the Aligarh Development Authority, Aligarh on 11.10.1989. An area of 4' x 6' has been let out to the petitioner in the year 1991 under the stair case pursuant to agreement dated 17.4.1991 for running a tea stall.

(2.) The case of the petitioner is that the plaintiff respondent received rent up to August 2006 and also executed the rent receipts. However, no rent was received by the landlord/respondent as such the tenant petitioner remitted the rent to him through money order on 8.3.2007 for the period September, 2006 to February, 2007; inspite of the fact that rent was tendered to the landlord; that the landlord sent notice dated 10.3.2007 terminating the tenancy of the petitioner allegedly on account of non-payment of rent since 1.9.2006.

(3.) The landlord filed SCC Suit No. 23 of 2007, Smt. Anguri Devi v. Vijay Kumar. On being noticed the petitioner tenant contested the suit by filing written statement inter alia that he was not the defaulter in payment of rent and the entire rent demanded had been sent to the petitioner through money order, which having been refused by the landlord, was deposited under section 20(4) of U.P. Act No. 13 of 1972 on the first date of hearing. Thereafter, the parties filed a documentary evidence and also adduced oral evidence in support of their case.