JAMUNA DEVI SMT Vs. XIIITH ADDITIONAL DISTRICT JUDGE

JUDGEMENT

(1.) This is landlord's petition arising out of her suit for eviction and recovery of arrears of rent filed against respondent Nos. 3 and 4 Kanpur Nagar Maha Palika (KNMP) and U.P. Board of Basic Education (Board in short) numbered as Suit (SCC Suit) No. 1776 of 1976 on the file of J.S.C.C., Kanpur.

(2.) The suit for eviction was dismissed on 13.7.1979 by J.S.C.C., Kanpur even after recording the finding of default in favour of the landlord on the ground that notice of termination of tenancy was not given to Board. Revision filed by the landlord petitioner against the said judgment and decree being SCC Revision No. 214 of 1979 was also dismissed on the same ground by XIIIth Additional District Judge, Kanpur, through judgment and order dated 27.1.1983, hence, this writ petition.

(3.) J.S.C.C. decided the question of rate of rent in favour of the landlord and held that rate of rent was Rs. 56.25 per month as asserted by landlord and not Rs. 46.25 as asserted by tenant. From the judgment of the trial Court it appears that allegation of the landlord that rent had not been paid since 8.4.1974 was not denied by the tenant. The tenant claimed the benefit of Section 20 (4) of U.P. Act No. 13 of 1972. Unfortunately, trial Court did not decide the said question. There is no material on record of this writ petition to ascertain as to what amount was deposited by tenant and on what dates. Prior to filing of the suit the tenancy of KNMP was determined through notice dated 17.8.1975 under Section 106 of T.P. Act. The building in dispute was taken on rent by KNMP and it was running a school therein,