MANGLI PRASAD Vs. PARVATI @ CHIDANA

JUDGEMENT

(1.) At the time of hearing no one appeared for the respondent. Heard learned counsel for the tenant applicant.

(2.) This revision is directed against judgment and decree dated 19.12.2005 passed by Judge Small Causes Court/IInd Additional District Judge, Gonda in S.C.C. Suit No.4 of 2000 Smt. Parvati vs. Mangali Prasad. The suit had been instituted by the landlady respondent against tenant applicant for eviction from the tenanted house in dispute and arrears of rent. It was stated in the plaint that rate of rent was Rs.300/- per month apart from water tax and that rent was due from 1.9.1990. However, it was further stated that as rent for the period prior to three years from the date of filing of the suit had become time barred hence rent from 1.10.1997 till 30.9.2000 was being claimed amounting to Rs.10,800/- Apart from it Rs.1,080/- were claimed as water tax. Prior to filing of the suit tenancy was terminated through notice which was served upon the tenant on 12.10.2000.

(3.) The tenant filed written statement and pleaded that the rate of rent was Rs.50/- per month which also included the water tax. He pleaded that tenancy was continuing since 1962. The accommodation in dispute consists of two rooms, veranda, aangan and bath room. Tenant stated that he had paid the rent till September, 2000 and that rent for October, 2000 was sent through money order which was refused by the landlady hence he deposited the same under Section 30 of U.P. Act No.13 of 1972. He also stated that he had filed a suit for permanent prohibitory injunction seeking to restrain the landlady from evicting him forcibly. The tenant asserted that rent receipts were never issued by the landlady. Regarding rate of rent court below held that rate of rent was Rs.50/- per month as asserted by the tenant. The tenant in his oral statement stated that it was orally agreed that rate of rent would be Rs.50/- per month which would also include the water tax. The court below under Issue no.2 held that in view of Section-7 of U.P.Urban Building Regulation of Letting Rent and Eviction Act, 1972 (U.P. Act No.13 of 1972) in the absence of any written contract water tax would be payable apart from the rent. Section-7 starts with words "subject to any contract in writing to the contrary..... the tenant shall be liable to pay to the landlord in addition to and as part of the rent.... the water tax."