KANHAIYA LAL CHAURASIA Vs. HANUMAN BUX GOSWAMI TRUST

JUDGEMENT

(1.) Heard learned counsel for both the parties.

(2.) This is tenant's writ petition arising out of S.C.C. Suit no.13 of 2008, Hanuman Bux Goswami Trust Vs. Kanhaiya Lal Chaurasia. The suit had been filed by landlord respondent against the tenant petitioner for eviction of the petitioner from the tenanted shop in dispute situate at ground floor of house no.C.K. 4/23 situate at Mohalla Chaukhambha, Varanasi.

(3.) It was stated in the plaint that plaintiff landlord was a public charitable trust hence U.P. Urban Buildings (Regulation of Letting, Rent and eviction) Act, 1972 U.P. Act no.13 of 1972 was not applicable thereupon; rate of rent was Rs.45/- per month which had not been paid since August 1991 till November 2007 and tenancy was terminated through notice dated 7.12.2007.