RAHEEM Vs. DISTRICT JUDGE AND ORS.

JUDGEMENT

(1.) RESPONDENT No. 3 (landlord) filed suit for arrears of rent and ejectment against the petitioner. The finding of the trial court is that the old building fell down in 1978 and thereafter new construction was raised in 1979 -80 and the first amendment of this new building was done in the year, 1980. This finding has been affirmed in revision. The suit was filed in the year 1986 when the period of ten years from the date of construction of the building had not elapsed. Both the courts below have therefore, rightly held that the provisions of U.P. Act No. 13 of 1972 are not applicable to the case in hand. The court's below have further held that the petitioner did not pay the entire arrears of rent within 30 days of the service of notice of demand upon him. In view of these findings the suit was rightly decreed. There is no merit in this writ petition which is dismissed summarily.