RAJEEV KUMAR Vs. INDRA KUMAR AGRAWAL

JUDGEMENT

(1.) Heard Sri Vishesh Kumar Gupta, learned counsel for tenant applicant and Smt. Rama Goel Bansal, learned counsel for landlord respondent, who has appeared through caveat.

(2.) This is tenant's civil revision directed against judgment and decree dated 19.07.2012 passed by J.S.C.C./ A.D.J. Court No.11, Moradabad decreeing S.C.C. Suit No.35 of 2011 which had been instituted by landlord respondent against tenant applicant for his eviction and recovery of arrears of rent. Property in dispute is a shop. Landlord asserted that the rate of rent was Rs. 2200.00 per month. However tenant asserted that rate of rent was Rs. 500.00 per month. Landlord further asserted that the shop had recently been constructed hence U.P. Act No.13 of 1972 was not applicable thereupon by virtue of its Sec. 2(2). In any case if the monthly rent of a building is more than Rs. 2000.00, the Act does not apply in view of its Sec. 2(1) (g). It was also asserted by the landlord that rent since 01.09.2010 had not been paid. Notice was given to the tenant on 14.09.2011 terminating the tenancy and demanding the arrears of rent but of no avail.

(3.) The tenant stated that shop in dispute had been taken on rent by him in July, 2005. The tenant also filed suit for injunction against the landlord in the form of O.S. No.224 of 2011. The tenant asserted that he had paid the rent. The fact that shop had been newly constructed and U.P. Act No.13 of 1972 was not applicable was not denied by the tenant. Accordingly, no issue/ point in that regard was framed by the court below.