RAJ KUMAR SHARMA Vs. DISTRICT JUDGE HARIDWAR

JUDGEMENT

(1.) Feeling aggrieved by a decree of ejectment and recovery of arrears of rent and damages for use and occupation in respect of building under the tenancy of the Petitioner which had been passed by the Judge Small Causes Court in S.C. Suit No. 2 of 1988 the Petitioner Defendant challenged the same in a revision under Section 25 of the Provincial Small Cause Court Act which was disposed of vide the judgment and order dated 20-1-93 whereunder the decree passed by the Trial Court was upheld subject to a modification in the decree for recovery of pendente-lite and future damages which was reduced to an amount at the rate of Rs. 175/- per month at which date the accommodation had been let out. The Petitioner tenant has now approached this Court for redress seeking the reversal of the decree praying for the quashing thereof.

(2.) The facts, shorn of details and necessary for the disposal of this case lie in a narrow compass. The suit giving rise to this writ petition was filed in the month of January, 1988. The Plaintiff claimed that the Defendant was a deafulter in payment of rent which was not paid since 1-1-87 whereupon on 23-11-87 a notice terminating the tenancy and requiring him to clear off the arrears of rent was issued in accordance with Section 106 Transfer of Property Act. which was duly served on 28-11-87 but the Defendant did not comply with the same and neither vacated the premises in dispute nor paid off the rent. The Plaintiff claimed pendente-line and future damages at the rate of Rs. 7/- per day.

(3.) The Plaintiff-Respondent had asserted in the plaint of the suit referred to above that the building in dispute had been newly constructed and fell outside the purview of U.P. Act No. 13 of 1972. The Defendant-Petitioner felt this assertion to be quite vague and moved an application seeking better particulars to be furnished which was allowed. Consequently the Plaintiff-Respondent made a statement under Order X Rule 2, Code of Civil Procedure on 3-11-88 stating that the construction of the building in question had been completed in the month of June, 1980. It was also stated that the site of the building was previously occupied by a temporary tin-shed and the building in question had been raised/constructed in its place. It was further stated thai this building was assessed for the first time by Nagar Palika in the year 1987.