RAM GOPAL RATHAUR Vs. RAVINDRA NATH DUBEY

JUDGEMENT

(1.) Heard Mr. Mohd Sakeel, learned counsel for the tenant petitioner and Sri Hari Om Singh, learned counsel for landlord-respondent.

(2.) This is tenant's writ petition arising out of suit instituted by landlord-respondent against him for his eviction from the accommodation in dispute in the form of S.C.C. (R/C) Suit No. 14 of 2005 Ravindra Nath Dubey Vs. Ram Gopal Rathaur. J.S.C.C. Sitapur decreed the suit for eviction and for recovery of Rs. 2,800/- as arrears of rent through judgment and decree dated 25.10.2011. Pendentilite and future rent @ Rs. 1200/- per month along with 10 % interest was also directed to be paid from the date of said judgement and decree. Against that decree tenant-petitioner filed SCC Revision No. 2 of 2012. ADJ/ Special Judge EC Act, Sitapur, dismissed the revision on 23.5.2013, hence this writ petition.

(3.) The landlord had contended that building in dispute which is a shop was constructed after 1991, hence U.P. Act No. 13 of 1972 was not application. Suit was filed after terminating the tenancy through notice dated 30.7.2005 under Section 106 of T.P. Act. Through the notice rent for the months of May, June, July, 2005 Rs. 3,600/- was also demanded. Notice was served on 2.8.2005.