JAI NARAIN SINGH Vs. BAL KRISHNA MISHRA

JUDGEMENT

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

(2.) This revision under Section 25, Provincial Small Causes Court Act (P.S.C.C. Act) is directed against judgment and decree dated 05.07.2008 passed by J.S.C.C./ A.D.J., Court No.1, Allahabad in S.C.C. Suit No.7 of 2005, Jai Narain Singh Vs. Bal Krishna Mishra., through which the suit of the landlord applicant for eviction of the tenant respondent from the tenanted property in dispute was dismissed.

(3.) Property in dispute is a shop. Landlord alleged that rate of rent was Rs.1000/- per month and as the building had been constructed after 1985, hence U.P. Urban Buildings (Regulation of Letting, Rent and Eviction) Act, 1972 (hereinafter referred to as U.P. Act No.13 of 1972), was not applicable thereupon. Prior to the filing of the suit, tenancy was terminated through notice dated 02.02.2005. Through the said notice arrears of rent and water tax from 01.01.2004 were also demanded.