DHARMENDRA SINGH Vs. JAGDISH KUMAR

JUDGEMENT

(1.) This is a revision under section 25 of the Provincial Small Causes Court Act. Suit for recovery of arrears of rent, damages and ejectment from the residential accommodation has been decreed by the judgment dated 31st of May, 2011. It has been found that the provisions of U.P. Act No. 13 of 1972 are not applicable to the building in question. The learned Counsel for the applicant submits that the notice given under section 106 of the Transfer of Property Act was invalid as higher rent than the agreed rent was demanded. However, she could not substantiate the said proposition. It has been laid down by a Full Bench of this Court in Gokaran Singh v. Ist Addl. District Judge, 2000 40 AllLR 405, that such a notice is valid.

(2.) It was then submitted that the plaintiff opposite party had filed an application under section 21(1)(a) of the U.P. Act No. 13 of 1972. Even if that is so, it will not in any manner affect the suit proceedings as admittedly on the own showing of the tenant the provisions of U.P. Act No. 13 of 1972 are not applicable as the rent is Rs. 2,000/- per month. Any other point was not pressed. The revision is dismissed summarily. Time to vacate the disputed accommodation is granted upto 31st of December, 2011 subject to fulfillment of the following conditions:

(3.) In case of default in compliance of any of the conditions stipulated above, the time granted by this order shall stand vacated. The amount, if any, already deposited shall be given adjustment. The revision is dismissed summarily.