DEVI PRASAD Vs. SPECIAL JUDGE

JUDGEMENT

(1.) Heard Sri B.D.Shukla, learned counsel for the petitioner.

(2.) This is tenant's writ petition and dispute relates to a shop which is a part of the house situated near Dr.Jataria, Pokhraiyan, Tehsil Bhognipur, District Kanpur Dehat. The shop is at the ground floor of the aforesaid house. The respondent no.3 instituted Small Cause Suit No.9 of 1999 in the Court of Small Cause, Kanpur Nagar seeking ejectment of petitioner-tenant from accommodation in question on the ground of default in payment of rent and also sought a decree for arrears of rent etc. The petitioner-tenant contested the suit denying arrears of rent as alleged from 1.6.1998 and also rate of rent. The Trial Court held that Uttar Pradesh Urban Buildings (Regulation of Letting, Rent and Eviction) Act, 1972 (hereinafter referred to as "Act, 1972") is not applicable to the building in dispute since it is a new construction and tenancy of petitioner-tenant having been terminated and Section 114 of Transfer of Property Act, 1882 (hereinafter referred to as "Act, 1882") is also not applicable in the present case since there is no written agreement between the parties, hence landlord is entitled for a decree of ejectment etc.

(3.) The petitioner, aggrieved thereto, preferred SCC Revision No.6 of 2001 which has also been dismissed by Revisional Court/Special Judge, (SC & SC Act), Kanpur Dehat vide judgment and order dated 22.11.2001.