AJAY KRISHNA UPADHYAYA Vs. STATE

JUDGEMENT

(1.) The present revision has been filed under Section 25 of the Small Cause Courts Act and is directed against the judgment and decree dated 3rd September, 1997 passed by the Additional District Judge (Special Judge), Allahabad exercising the power of Judge Small Cause Court whereby the SCC Suit No. 14 of 1995 has been dismissed.

(2.) The plaintiffs-landlords instituted SCC Suit No. 14 of 1995 against defendants-opposite parties herein for recovery of arrears of rent, damages and ejectment of the defendants from premises in question on the ground that premises in question was let out to the defendants on monthly rent of Rs.230/-initially. The rate of rent was enhanced to Rs.2900/-per month by the Prescribed Authority under the provisions of U.P. Act No. 13 of 1972. The tenancy has been terminated by serving a combined notice under Sections 80 of the C.P.C. and 106 of the Transfer of Property Act.

(3.) The suit was contested by the defendants. Relationship of landlord and tenant between the parties was not disputed. In the written statement, fact that the rent was enhanced to Rs.2,900/-was also admitted. A plea was that part of arrears of rent is time barred was also raised. The benefit of Section 20(4) of the U.P. Act No. 13 of 1972 was claimed.