RAN VIJAI SINGH Vs. JOGINDER SINGH

JUDGEMENT

(1.) THIS is a defendant's revision under Section 25 of the Provincial Small Causes Court Act in a suit filed by the plaintiff -opposite parties for recovery of arrears of rent, ejectment of the defendant and also for mesne profit etc. The factual matter of the case is that the plaintiff brought the suit for ejectment against the defendant -applicant alleging that he was tenant of the premises on the monthly rent of Rs. 400/ -, the tenancy was to continue from each English calendar month. Since 1 -4 -1986 the defendant committed default in payment of rent, the provisions of U.P. Act 13 of 1972 did not apply. A notice under Section 106 of Transfer of Property Act under registered cover was duly served on the defendant terminating his tenancy and to vacate the premises and to pay the entire arrears of rent, but neither the defendant vacated the premises nor paid the arrears of rent, hence the necessity arose to file the suit.

(2.) THE suit was contested by the defendant -applicant alleging that the plaintiff was not the landlords of the premises in question rather one Karnail Singh was the owner. The plaintiffs did not accept the rent, hence the same was deposited in court.

(3.) SRI S.D. Pathak, learned counsel for the defend ant -applicant has urged that the notice under Section 106 of the Transfer of Property Act was not served upon the defendant -applicant rather some forgery was committed in service of the notice and in obtaining the signature of the defendant -applicant, the defendant was not served with the notice in question and that the rate of rent was also not correctly decided, hence the questions of, law were involved and the revision may be allowed. Reliance was placed in Gur Bachan Singh v. Dharam Samaj Society, : AIR 1981 All page 208 and Amar Nath v. Smt. Champa Devi : 1978 AWC page 84