STATE BANK OF PATIALA Vs. SWERAJ DEVI

JUDGEMENT

(1.) THIS is an application in revision under section 25 of the Small Cause Courts Act. It is directed against the judgment and decree passed by the learned II Additional District Judge, Ghaziabad, exercising the powers of a Small Cause Court, decreeing a suit filed by the plaintiff-opposite party for the ejectment of the applicant from the premises in suit as well as for recovery of Rs. 1000/- as arrears of rent and damages for use and occupation for the period 15-1-1979 till the defendant vacates the premises at the rate of 2000/- per month.

(2.) BRIEFLY, the plaint case was that the plaintiff was the owner and landlady of the premises in suit of which the State Bank of Patiala, Ghaziabad, was the tenant. The building under tenancy was a new building to which the provisions of the U. P. Urban Buildings (Regulation of Letting, Rent and Eviction) Act, 1972 (U. P. Act XIII of 1972 for short) were not applicable. The plaintiff did not wish to continue the tenancy of the applicant, and, therefore, she determined the tenancy of the defendant by means of a notice under section 106 of the Transfer of Property Act, asking the defendant to vacate the premises within one month of the service of notice. The defendant, however, did not vacate the premises and hence the suit for the reliefs mentioned above.

(3.) IN the revision Sri Raja Ram Agarwal, learned counsel for the applicant did not attempt to challenge the finding of the court below that the applicant, namely, the State Bank of Patiala, being a subsidiary of the State Bank of INdia the building under tenancy was a public building within the meaning of Section 2 (1) (a) read with Section 3 (o) of the aforesaid Act. INdeed he made his submissions on the premise that the building in question is a public building