RAM KUMAR GUPTA Vs. USHA GUPTA

JUDGEMENT

(1.) Challenging the order dated 29.9.2011 passed by the Additional District Judge/Special Judge, E.C. Act exercising power of Small Cause Court in S.C.C. Suit No. 38 of 2007 whereby suit for recovery of arrears of rent, damages and ejectment has been decreed, the present revision under section 25 of the Provincial Small Causes Courts Act has been filed. Heard the learned Counsel for the parties. The suit was instituted for recovery of arrears of rent and damages in respect of two shops situate in building No. 1/3, Mohalla Dori Nagar, Tehsil Koil, District Aligarh, on the allegations that the defendant is tenant of two shops on monthly rent of Rs. 600/- for each shop and that the provisions of U.P. Act No. 13 of 1972 are not applicable. The suit was contested on various pleas including that Provisions of U.P. Act No. 13 of 1972 are applicable. The suit has been decreed on the finding that the Provisions of U.P. Act No. 13 of 1972 are not applicable to the building in question. The said finding is based on the first assessment of the building which is relevant consideration as provided for under section 2(2) Explanation of the said Act.

(2.) Learned Counsel for the tenant could not point out any error therein. Then he urged that the notice was not served on the defendant tenant. However, no such plea was put forward before the Court below as no issue was framed. It was pointed out that postal certificate showing the service of notice was filed by the landlord. No contrary evidence has been filed by the tenant. In this view of the matter, service of notice terminating the tenancy on the defendant-tenant is held valid.

(3.) Any other point was not pressed.