RAJESH KUMAR Vs. DUSHYANT KUMAR

JUDGEMENT

(1.) Heard Sri B. Dayal, learned counsel for the plaintiffs revisionists and Sri M.L. Rai, learned counsel for the defendants respondents.

(2.) A shop in dispute was let out by the plaintiffs revisionists to the defendants respondents under a registered rent deed dated 16.10.1981 at a rent of Rs.480/- per month.

(3.) The plaintiffs revisionists determined the tenancy vide notice dated 19.08.1985 under Section 106 of the Transfer of Property Act, 1882 (hereinafter referred to as the T.P. Act) which was served on 21.08.1985 upon the defendants respondents. On the basis of the aforesaid notice, the plaintiffs revisionists instituted S.C.C. Suit No.57 of 1985 for the eviction of the defendants respondents from the said shop and for arrears of rent. The suit has been dismissed by the court below vide judgment and order dated 10.05.1990 on the finding that the shop in dispute is covered by provision of U.P. Act No.13 of 1972 (hereinafter referred to as the Act) and the plaintiffs revisionists have failed to prove default in payment of rent.