KUNTI DEVI Vs. IIIRD ADDITIONAL DISTRICT

JUDGEMENT

(1.) Heard Sri Salil Kumar Rai, Advocate, for petitioners and Sri B. Dayal, learned counsel appearing for respondent no. 2.

(2.) The dispute relates to a shop situated in Mohalla Kanjari Sarai, Moradabad City. Petitioners claim to be landlord of the aforesaid shop. Respondent no. 2, Raj Kumar, son of Doongar Singh is the tenant.

(3.) It is said that initially, the shop was owned by Ram Singh, husband of petitioner no. 1 and after his death on 24.12.1977, petitioners have succeeded the shop in question. Petitioner-landlords filed SCC Suit No. 50 of 1989 for eviction of respondent no. 2 and recovery of arrears of rent and damages on the ground that tenant had committed default in payment of rent since 1.12.1977 and therefore is liable for ejectment on the ground under Section 20 (2) (a) of U.P. Urban Buildings (Regulation of Letting, Rent and Eviction) Act, 1972 (hereinafter referred to as "Act, 1972").