PRAMOD KUMAR SRIVASTAVA Vs. SHIV KUMARI DEVI

JUDGEMENT

(1.) The opposite party filed a suit for eviction of the applicant from the shop in dispute of House No. 23/47/14A, Mohalla Allahpur, Allahabad and for recovery of arrears of rent. The suit has been decreed by the Judge, Small Causes Court (Additional District Judge, Court No. 11, Allahabad) by judgment and decree dated 13.5.2002. Aggrieved by it the present revision has been preferred.

(2.) I have heard Shri Pankaj Mithal, learned counsel for the revisionist and Shri M. K. Gupta for the opposite party No. 2 and perused the record.

(3.) It is contended that the suit was filed on the ground of default in payment of rent and it is admitted that U. P. Act No, XIII of 1972, is applicable to the premises in dispute ; That it is also not disputed that the said Act was applicable at the date of commencement of the tenancy of the applicant. That there is no allotment of the shop in favour of the applicant and, therefore, the agreement of the tenancy is illegal and void ab-initio and no suit can be filed on its basis as has been held by the Full Bench of this Court in the case of Nootan Kumar v. A.D.J., Banda, 1993 (2) AWC 1090 (FB) : 1993 (2) ARC 204 (FB). That, therefore, the trial court has erred in decreeing the suit.