VINESH CHANDRA TRIVEDI Vs. VIITH ADDL. RAE BARELI

JUDGEMENT

(1.) Heard Sri M.A. Khan, learned counsel for petitioner and Sri V.K. Srivastava, learned counsel for respondents No.3 & 4.

(2.) This writ petition arises out of S.C.C. Suit No.4 of 1987, Rai Chandi Dayal since deceased and survived by legal representatives Vs. Vinesh Chandra Chaturvedi. The suit was filed by the landlord against the tenant petitioner for his eviction from the accommodation in dispute consisting of two shops. It was asserted in the plaint that the accommodation in dispute would be deemed to have been constructed in the year 1979, hence when suit was filed (20.01.1987), U.P. Act No.13 of 1972 was not applicable thereupon; tenant had made material alteration in the accommodation in dispute and he was also defaulter as rent (at the rate of Rs.150/- per month) since 01.05.1986 had not been paid. Suit was filed after serving notice of termination of tenancy under Section 106, Transfer of Property Act. J.S.C.C./ Civil Judge (J.D.), Rai Bareilly decreed the suit for eviction and for recovery of arrears of rent on 20.02.2001. Against the said decree, petitioner tenant filed S.C.C. Revision No.36 of 2001. VI A.D.J., Rai Bareilly dismissed the revision on 27.05.2003, hence this writ petition.

(3.) The point of material alteration was decided by both the courts below in favour of the tenant holding that he had not made any material alteration. Accordingly, the said point does not survive.