RAMESH CHANDRA ALIAS LALLUMAL Vs. RAKESH KUMAR BANSAL

JUDGEMENT

(1.) Heard Ms. Shruti Malaviya, learned counsel for the petitioner and Sri Mahesh Sharma holding brief of Sri Vinod Sinha, learned counsel for the respondent.

(2.) Petitioner is the owner and landlord of the shop in dispute which is alleged to be shop no. B-1,Bazar Pukhta Qasba Jahangirabad, District Bulandshahar. The suit of the petitioner for arrears of rent and eviction of the respondent tenant from the shop in dispute was decreed by the court of first instance vide judgment and order dated 22.8.2008 holding that the respondent no. 1 defaulted in payment of rent and since the provisions of U.P. Act No. 13 of 1972 are not applicable he is not entitle to avoid his eviction on the ground of default.

(3.) The respondent filed revision under Sec. 25 of the Provincial Small Causes Court Act, 1887 challenging the judgment and order of the court of first instance. The revision has been allowed by the impugned judgment and order dated 22.9.2010 holding that the shop is covered by the Act and the petitioner is entitle to the benefit of Sec. 20 (4) of the Act. Accordingly, the judgment and order of the court of first instance has been set aside and the suit has been dismissed.