NATHURAM IRON MERCHANT Vs. VINAY KUMAR GUPTA

JUDGEMENT

(1.) Heard learned counsel for the petitioner and perused the record.

(2.) Backdrop of the case is that SCC suit no. 17 of 1984, under section 20(2)(a) of U.P. Act no. 13 of 1972, was filed by landlord late Satya Narain against the petitioner tenant for a decree of arrears of rent and eviction from the shop in dispute situated Chamanganj, Kasba Phaphund, Pergana Auraiya, district Etawah. The plaint allegation was that petitioner was tenant of the aforesaid shop at the rate of Rs. 30/- per month and he had been defaulter of rent with effect from 1.4.1978 which he was liable to pay as well as damages for the use and occupation of the same. A notice dated 1.10.1983 was served upon the petitioner on 6.10.1983 and was also replied by him vide his letter dated 7.11.183. It appears that another notice dated 26.12.1983 was also served upon the petitioner reiterating termination of his tenancy. This notice is said to have been addressed to the counsel of petitioner Sri Chandra Prakash Gupta, Advocate, civil courts, Etawah.

(3.) The petitioner contested the suit by filing his written statement inter alia that there was no arrears of rent due upon him in view of the fact that landlord respondent had entered into an agreement with the petitioner for sale of the shop in question in the year 1978 and that he was in possession of the property as owner in view of part performance of the agreement of sale.