JAI SHANKER PRASAD Vs. TOWN AREA BILARIAGANJ

JUDGEMENT

(1.) IN this revision Sri K N. Rai has put in appearance for plaintiff opposite party Town Area, Bilariaganj, Tehsil Sagari. District Azamgarh. I have heard learned counsel for the revisionist Sri S. N. Srivastava and the learned counsel for the plaintiff opposite partv. Both the learned counsel are agreed that this revision may be disposed of tinally at this stage

(2.) THE facts giving rise to this revision are that the defendant-revisionist was in tenant of accommodation in dispute, which is owned by Town Area, Bilariaganj, Tehsil Sagari, District Azamgarh, (here-in-after referred to as 'Town Area') since April 1988. This accommodation was let out at the rent of Rs. 240/- p.m. Town Area filed S. C. C. Suit No. 3 of 1989 for ejectment of the revisionist interalia on the ground that his tenancy is on a rent of Rs. 600/- p.m THE accommodation consists of five rooms, the defendant has failed to pay the rent in spite of the notice served on him. He also made certain alterations in the building. It was further claimed that the Town Area has no accommodation for its office which is being run in a rented room. THE accommodation in dispute is well suited and sufficient and suitable for the office of the Town Area It was claimed that the Town Area is in urgent tenancy has been terminated. However, the defendant has neither paid the rent nor has vacated the accomodation in dispute.

(3.) LEARNED counsel for the applicant revisionist has argued that the suit of the Town Area was barred under Section 15 of the U.P. Public Premises (Eviction of Unauthorised Occupants) Act, 1972. The revision has been pressed by the learned counsel only on this ground. It is relevant to mention here that this plea was neither raised before the court below even in written statement filed by the defendant revisionist nor has been taken in the memo of revision.