FIDA HUSAIN Vs. VITH ADDITIONAL DISTRICT JUDGE AZAMGARH

JUDGEMENT

(1.) THIS is tenant's writ petition arising out of a suit for ejectment and recovery of arrears of rent and damages for use and occupation filed by landlord -respondent. The suit was initially filed on 28.9.1977 before regular civil court/Munsif. The plaint was later on by order dated 17.8.1978 returned for filing before J.S.C.C. and it was accordingly thereafter filed before J.S.C.C. and registered as S.C.C. Suit No. 47 of 1978. The suit was decreed on 6.8.1981 by IInd Additional Civil Judge/J.S.C.C., Azamgarh. The revision filed against the same being Revision No. 172 of 1981 was also dismissed by 6th Additional District Judge, Azamgarh through judgment and order dated 18.11.1982. Review petition was also dismissed by Additional District Judge, Azamgarh through judgment and order dated 8.3.1983. Hence this writ petition.

(2.) ACCORDING to brief allegations in the plaint the shop in dispute was constructed in the year 1970, that the rate of rent was Rs. 25 per month till October, 1972 and thereafter it was Rs. 31.25 patse per month, that the tenant had not paid the rent since 1.8.1974 and remained a defaulter inspite of notice of termination of tenancy and demand of rent dated 17.8.1977. In the plaint relief of ejectment and rent of Rs. 1,114.56 paise alleged to be due till 21.9.1977 was prayed for. Pendente lite and future damages were also claimed in the plaint. Initially in the plaint it was pleaded that U.P. Act No. 13 of 1972 was applicable to the building in dispute. However, later on through amendment that assertion was got deleted.

(3.) AFTER filing of the written statement plaintiff filed replica (Jawabul Jawab) which is quoted in para 3 of the writ petition according to which agreement dated 16.1.1969 was admitted but it was asserted that the tenant Fida Husain and the other person Mohd. Sayeed could not make construction and Mohd. Sayeed withdrew from the deal and Fida Husain alone could not spend the amount ; the agreement dated 16.1.1969 was not therefore, acted upon and plaintiff constructed the shop with his own expenses and gave the same on rent to defendant at the rate of Rs. 25 per month. Replica was filed on 6.9.1980.