RASHID MOHAMMAD Vs. VIDAYA DEVI

JUDGEMENT

(1.) Heard counsel for the petitioner and perused the record.

(2.) This petition challenges the judgment and order dated 12.10.2010 passed by Judge, Small Causes Court, Agra in S.C.C. Case no. 10 of 2008 as well as judgment and order dated 21.2.2011 passed by Additional District Judge, court no. 6, Agra in SCC revision no. 60 of 2010.

(3.) Backdrop of the case is that the after taking the shop in dispute on rent from the respondent landlady for a period of 11 months on 1.11.2002, the petitioner did not vacate it after expiry of the period aforesaid and continued to hold over. This compelled the plaintiff respondent to file suit no. 10 of 2008 against the petitioner for recovery of rent and his eviction from the shop in question, claiming she is the owner of the property no. 123/2 situated at Kamla Nagar, Agra, in which the defendant - petitioner was a tenant at the rate of Rs. 400/- per month; that the shop in question was let out to the petitioner for a period of 11 months as per rent note executed between the parties on 1.11.2002; that since the petitioner neither vacated the shop after expiry of 11 months nor paid rent since January 2007 inspite of repeated demands, he became an unauthorised occupant and in these circumstances a notice dated 22.9.2007 was sent to the defendant petitioner for unpaid rent with effect from 1.11.2007 to 24.10.2007 amounting to Rs. 3900/-. According to the landlady, the construction was new, as such provisions of U.P. Urban Buildings (Regulation of Letting, Rent and Eviction) Act, 1972 (hereinafter referred to as the Act), were not applicable.