SUBHASH CHAND TYAGI Vs. AJAY KUMAR MISHRA

JUDGEMENT

(1.) Heard Sri P.K. Jain, learned senior counsel assisted by Sri Abu Bakht, learned counsel for the tenant applicant and Sri K.N. Mishra, learned counsel holding brief of Sri Pawan Kumar Srivastava, learned counsel for landlord respondent.

(2.) This is tenant's revision directed against judgment and decree dated 30.04.2013 passed by J.S.C.C./ A.D.J., Court No.4, Ghaziabad in S.C.C. Suit No.63 of 2007, Ajay Kumar Mishra Vs. Subhash Chand Tyagi. Through the impugned decree, suit of the landlord plaintiff respondent for eviction of tenant defendant applicant from the tenanted accommodation has been decreed. It has further been directed through the said decree that arrears of rent with effect from 19.03.2007 to 18.12.2007 amounting to Rs.24,300/- along with interest at the rate of 9% per annum shall be paid by the defendant. Defendant has further been directed to pay damages for use and occupation from 16.12.2007 (or 19.12.2007) till delivery of possession at the rate of Rs.4000/- per month along with 9% per annum interest.

(3.) Undisputed rate of rent is Rs.2700/- per month. Accordingly, U.P. Urban Buildings (Regulation of Letting, Rent and Eviction) Act, 1972 (U.P. Act No.13 of 1972) does not apply to the tenanted building in dispute. Property in dispute is a flat at Shalimar Garden, Shahibabad, District Ghaziabad.