GANESH KAPIL Vs. JAYANTI PRAKASH AGRAWAL

JUDGEMENT

(1.) In the present revision, the revisionist has challenged the order dated 5.5.2011 passed by the Judge, Small Causes Court, Saharanpur in S.C.C. Suit No. 31 of 2008 by which he has directed the revisionist to vacate the premises in dispute and pay the arrears of rent at Rs. 13,688/-and the damages @ Rs. 3,000/- per month till the vacation of the premises in dispute.

(2.) The revisionist is tenant in a shop numbered as 3/6090/6 (old No. 3/ 1506/9) situated at Agrawal Market, Bajoriya Road, Janakpuri Saharanpur, on a rent of Rs. 1125/- per month. The landlord-opposite party had given a notice dated 1.9.2008 to the revisionist under Section 106 of the Transfer of Property Act for terminating the tenancy and for eviction of the premises within 30 days on the ground that there is an arrear of rent for the period 1.10.2007 to 31.8.2008 for Rs. 12,375/-. The first assessment of the premises after the construction was made on 1.4.1986 and, therefore, the provision of Act No. 13 of 1972 is not applicable in view of Section 2(2) of the U.P. Urban Buildings (Regulation of Letting, Rent and Eviction) Act, 1972 (hereinafter referred to as the "Act").

(3.) A notice was served on 5.9.2008. There is no dispute in this regard. When the premises was not vacated, a suit No. 31 of 2008 has been filed'. The rent alongwith other expenses has been deposited by the revisionist on the fist date of hearing and there is no dispute in this regard. However, it was contended that upto the month of February, 2008 the rent was paid in cash but the receipt has not been given by the landlord. On the receipt of the notice, a pay order dated 6.9.2008 for Rs. 12,375/- has been sent to the landlord which has been refused by him and thereafter on 26.11.2008 the entire arrear of rent alongwith interest and expenses of the case, etc. at Rs. 20,700/- have been deposited and claimed benefit of Section 20(4) of the Act.