ANITA GUPTA (SMT.) Vs. VIJAY KUMAR SHARMA

JUDGEMENT

(1.) This is landlord's revision under Sec. 25 of the Provincial Small Causes Court Act against the judgment and decree dated 12.5.2011 passed in SCC Suit No.17 of 2009 whereby the Court below has dismissed the suit.

(2.) SCC Suit No.17 of 2009 was instituted by the plaintiff on the allegations that she is the owner of House No. III K-35/6B, Ghaziabad Development Authority Flats, Triple Storey, Rakesh Marg, Nehru Nagar, Ghaziabad. The said house was let out on a monthly rent of Rs. 3000.00 to Vijay Kumar Sharma who has not paid any rent since 1.1.2009. The house in question is a new building and besides the above, the monthly rent is Rs. 3000.00 and as such the provisions of U.P Act No. 13 of 1972 are not applicable. The tenancy has been determined by giving a notice dated 10.2.2009 by registered post as also by speed post and also under postal certificate. The notice was served on 14.2.2009. The tenant has failed to comply with the notice, hence the suit.

(3.) The suit was contested on the pleas that the defendant took the house in question on rent from Vijay Bansal. There is no relation of landlord and tenant between the parties. The monthly rent at Rs. 3000.00 was admitted. It was further stated that he did not receive the notice given under Sec. 106 of the Transfer of Property Act and as such the suit is not maintainable.