RANVEER SINGH Vs. KRISHI UTPADAN MANDI SAMITI

JUDGEMENT

(1.) The petitioner was allotted canteen No. 1 by an order dated 6.8.1988 issued by the Secretary, Krishi Utpadan Mandi Samiti, Khair, district Aligarh on a monthly rent of Rs. 200 per month. Under the allotment order, the petitioner was required to deposit six months rent In advance. An agreement dated 6.8.1988 was also executed between the parties. Clause (1) of the agreement stipulated that the rent would be Rs. 200 per month. Clause (2) of the agreement stated that the tenant would be liable to vacate the shop if he does not pay the rent by the due date and that his tenancy would be terminated if he violates any terms and conditions of the agreement. Clause (8) of the agreement stipulated that the tenancy would be month to month and that the tenancy could be terminated by either party by giving one month's notice. Based on this tenancy agreement, the petitioner paid the advance rent and started running the canteen. In para 8 of the writ petition, the petitioner has alleged that from the year 1996-97, the respondent had enhanced the rent by 10% and since then, the respondents have been enhancing the rent by 10% after every three years.

(2.) The Secretary, Krishi Utpadan Mandi Samiti, Khair, district Aligarh, respondent No. 2 issued a notice dated 6.2.2004, to the petitioner indicating therein that as per Clause (8) of the agreement, the tenancy was month to month, and that the tenancy could be terminated by either party by giving one month's notice. The notice stated that the petitioner was in arrears of rent upto February, 2004 by Rs. 7,008 and therefore, directed the petitioner to deposit the same within one week failing which the amount would be recovered under Section 20 (1) o f the Act, The respondent No. 2 further contended that in the present circumstances the canteen would be auctioned in public interest and, therefore, directed the petitioner to vacate the premises and hand over possession to the respondents within one month from the date of receipt of the notice.

(3.) On receipt of the aforesaid notice, the petitioner deposited the arrears of rent within one week and thereafter, filed the present petition for quashing of the notice dated 6.2.2004.