SANJIV Vs. MAHABIR DIGAMBAR JAIN MANDIR

JUDGEMENT

(1.) This writ petition is directed against the judgment and order dated 31.3.2012 passed by the District Judge, Baghpat (Annexure No. 1) whereby the judgment and order dated 12.11.2010 passed by the Judge, Small Causes Court/Civil Judge (Senior Division), Baghpat was set aside and the suit filed by the petitioner for arrears of rent and ejectment was decreed. Brief facts of the case as set out in the writ petition are as follows;

(2.) One Surendra Singh was the original tenant of the shop in dispute who expired on 5.4.2004 and the tenancy was inherited by the present petitioners. A notice for termination of tenancy under Section 106 of the Transfer of Property Act (in short "TP Act") was issued to the petitioners by the respondent on 28.11.2005 whereby arrears of rent was demanded and it was stated that the petitioners have sublet the disputed premises. It was further stated that UP Act No. 13 of 1972 (in short "Act") is not applicable to the disputed premises. The said notice was received by the petitioners on 30.11.2005. The petitioners paid the entire arrears of rent/damages to the respondent on 8.12.2005 i.e. before the expiry of the notice.

(3.) Thereafter, on 15.2.2006 a SCC Suit was filed by the respondent on the grounds of non-payment of rent and subletting. It was stated in the paragraph 7 of the plaint as follows;