(1.) This writ petition has been filed challenging the orders dated 6.5.2013 and 11.5.2011 passed by the Addl. District Judge, Moradabad and Judge Small Causes Court, Moradabad respectively.
(2.) Briefly stated the facts of the case are that the respondent-landlord Virendra Kumar Sharma filed S.C.C. Suit No. 6 of 2009 claiming that he is the owner and landlord of private shop no. 2 situated in Mohalla Patpat Saraiganj, Moradabad of which the petitioner-defendant is the tenant on a monthly rent of Rs.750 with liability to pay water tax at Rs.75 per month and house at Rs.75/- per month. The plaint case of the landlord was that the construction has been made in the year 1990 and, therefore, the premises in question stands outside the purview of Act No. 13 of 1972. His case was that the petitioner-tenant for the last time paid rent and taxes from 28.5.2008 to 16.8.2008 and thereafter he did not paid any rent on repeated demands. It is also stated that a notice was sent on 18.2.2009 to the tenant-petitioner demanding rent and simultaneously terminating his tenancy. The notice was served on the petitioner on 19.2.2009 but he neither paid the rent nor vacated the shop in question. Hence the suit.
(3.) A written statement was filed by the petitioner-tenant claiming that the construction was old construction and, therefore, the Act No. 13 of 1972 was applicable and, therefore, the petitioner-tenant could not have been evicted from the premises in question by a mere notice without complying with the provisions of the Act. The trial court after considering the evidence on record as well as documentary evidence on record has held the construction to be new construction made in the year 1990 and has, therefore, held that the premises in dispute stands outside the purview of Act No. 13 of 1972 and has accordingly decreed the suit of the respondent-landlord and also directed the petitioner-tenant to pay the arrears of rent from 17.6.2008 to 21.3.2009 at Rs. 8220/- and further rent of Rs.900/- per month during the pendency of the suit. The court has decreed the suit by judgment and order dated 11.5.2011.