LAXMI PRASAD Vs. SPECIAL JUDGE

JUDGEMENT

(1.) Heard Sri Arun Kumar, learned counsel for the petitioner and learned Standing Counsel for the respondents Nos. 1 and 3. The dispute relates to a shop situated at Waqf Majid Turkmanpur near Kabristan Mubarak Khan Shaheed, Mohallala Turkmanpur City Gorakhpur. The petitioner, Laxmi Prasad, (now deceased and substituted by his legal heirs), is the tenant and the respondent No. 3 is the landlord of the shop in dispute.

(2.) The respondent No. 3 filed Suit No. 162 of 1988 in the Court of Judge Small Causes, Gorakhpur alleging that tenant has committed default in payment of rent and despite notice dated 17.08.1988 has not paid the rent. Hence, his tenancy was terminated and hence is liable for ejectment on the ground mentioned in Section 20(2) (a) of U.P. Urban Buildings (Regulation of Letting, Rent and Eviction), Act 1972 (hereinafter referred as to "Act, 1972").

(3.) The suit was contested by petitioner. The Trial Court vide judgment 19.07.1994 decreed the suit and directed petitioner tenant to handover vacant possession of the disputed shop to the landlord, besides payment of arrears of rent, damages (pendente lite) and cost of the suit. The revisional Court confirmed Trial Court's judgment by dismissing petitioner's Civil Revision No. 189 of 1984 vide judgment dated 19.03.1990.