AMIT AGARWAL Vs. PRABHAT CHAND GUPTA

JUDGEMENT

(1.) BY means of present revision, the revisionist is challenging the order dated 28th January, 2011, passed by the Additional District Judge, Court No.5, Bijnore by which the suit filed by the plaintiff for ejectment and arrears of rent has been decreed. The revisionist was the defendant in the suit. The court below has decreed the suit on the ground that the land was purchased on 12.6.1991 on which the construction was made in the year 1992 and thereafter the first assessment was made in the year 1996-97, which is proved by the document Ga-24, therefore, the provision of the Act No.13 of 1972 is not applicable. The court below has also observed that the notice has been sent to the revisionist and the Postman has given the report that the revisionist has refused to take the notice and, therefore, there was proper service in accordance to Section 114 of the Evidence Act. A finding has also been recorded by the court below that there is no reason to disbelieve the report of the Postman. About the arrear of rent, it has been held that the rent for the period from January, 2007 to December, 2007 at the rate of Rs.7,00/= per month and from April, 2008 to October, 2009, total sum of Rs.21,700/= was due, which the tenant could not pay.

(2.) HEARD Sri K.M. Garg, learned counsel for the revisionist and Sri Anil Sharma alongwith Sri R.K. Shukla, appeared on behalf of the respondent.

(3.) I have perused the impugned order and considered the rival submissions.