HARI KRISHAN OJHA Vs. STATE BANK OF BIKANER

JUDGEMENT

(1.) Heard Sri J.H. Khan, learned counsel for the petitioner and Miss Shaily Saxena, Advocate holding brief of Sri Vipin Sinha, Advocate for the respondents.

(2.) Short, but, important question of law involved in this case is whether Small Cause Suit filed by respondent-Bank seeking eviction from building in dispute is barred by Section 15 of Public Premises (Eviction of Unauthorized Occupants) Act, 1971 (hereinafter referred to as "Act, 1971").

(3.) The facts, not in dispute, are that respondent-Bank is owner of property in dispute, namely, House No. 8/143, Bheron Bazar, Belanganj, Arga (known as "Bharat Building"). Petitioner was let out certain portion at first floor of the aforesaid building at a monthly rent of Rs. 60.30. Petitioner allegedly committed default in payment of rent as a result whereof Bank issued a notice dated 19.6.1987 under Section 106 of Transfer of Property Act, 1882 (hereinafter referred to as "Act, 1882") demanding arrears of rent and determining petitioner's tenancy and thereafter filed Small Cause Suit No. 116 of 1988 in the Court of Small Causes, Agra. Petitioner contested the suit alleging that he has deposited entire rent under Section 30 of U.P. Urban Buildings (Regulation of Letting, Rent and Eviction) Act, 1972 (hereinafter referred to as "Act, 1972") in the Court of Munsif, Agra, hence, the decree of eviction cannot be passed against him by virtue of Section 20 (4) of Act, 1972. When issues were framed, it appears that a preliminary objection was raised by petitioner that disputed building is a public building as defined in Act, 1971 and, therefore, suit is barred by virtue of Section 15 of Act, 1971. Objection was turned down by Trial Court vide order dated 10.10.1991 whereagainst Civil Revision No. 42 of 1992 was filed and the same was also rejected by 9th Addl. District Judge, Agra vide judgment dated 4.9.1992.