SUKH LAL Vs. ASHOK KUMAR RAGHUWANSI

JUDGEMENT

(1.) HEARD Sri B.N. Agrawal, learned counsel for the petitioners and Sri Kunwar Ajay Singh, Advocate for Caveatorrespondent.

(2.) THE respondent is the landlord of House No. 119/499, Darshanpurwa, Kanpur Nagar which he purchased vide sale deed dated 04.10.1985.

(3.) THE Trial Court vide judgment dated 24.09.2011 recorded findings that respondentlandlord was owner of accommodation in question and, therefore, rent was payable to him, hence satisfy the definition of "landlord" under Section 3(j) of U.P. Urban Buildings (Regulation of Letting, Rent and Eviction) Act, 1972 (hereinafter referred to as the "Act, 1972"); the petitionerstenants had committed default in payment of rent and though the entire dues were deposited, as contemplated in Section 20(4) of Act, 1972 on the first hearing of suit but since there is a denial of title of landlord over the tenanted accommodation, the petitioner tenants were liable for ejectment on the ground under Section 20(2)(f) of Act, 1972. Accordingly it passed a decree of ejectment and recovery of rent etc. from petitioner tenants. This judgment of Trial Court has been confirmed in SCC Revision No. 95 of 2011 by Additional District Judge, Court No. 20, Kanpur Nagar vide judgment dated 09.08.2012.