SATENDRA SINGH Vs. VINOD KUMAR BHALOTIA

JUDGEMENT

(1.) This revision has been filed against the order dated 16.08.1991 passed by Additional District Judge, VIIth, Gorakhpur in S.C.C. Suit No. 15 of 1982, whereby the suit filed by the plaintiff for arrears of rent and ejectment was decreed against the revisionist.

(2.) Brief facts of the case are as follows:

(3.) The revisionist filed his written statement denying the allegations made by the plaintiff/opposite party and interalia stated that the shop was constructed in the year 1970 not in 1978 hence U.P. Act No. XIII of 1972 was applicable. Rent was Rs.250/- and the tenancy commenced from 1979. Rent was paid up to September, 1981 and from October, 1981, when it was refused by the landlord, rent was tendered through Bank Draft for the period from October, 1981 to July 1982 on 21.07.1982 for Rs.3000/-. Plaintiff maliciously filed a suit being O.S. No. 271 of 1982 for recovery of interest Rs.105/- but the same was dismissed by the Court below and the order passed by the Court below, which order was confirmed up to the High Court.