MOHD VASEE KHAN Vs. REGIONAL AYURVEDIC/UNANI OFFICER

JUDGEMENT

(1.) HEARD Sri Digvijay Singh, learned counsel for the plaintiff/revisionist (landlord) and Sri Manoj Goswami, learned counsel appearing for the defendants/respondents (tenants).

(2.) THE suit of the landlord for arrears of rent and eviction of the tenant from the disputed property has been dismissed by the judgment and order date 17.9.2011 passed by the Small Causes Court/Additional District Judge.

(3.) ACCORDING to the plaint case, the premises in dispute is outside the ambit of the U.P. Act No.13 of 1972 (hereinafter referred to as the 'Rent Act'). It was let out to the tenant w.e.f. 1.9.2006 at the rate of Rs.80/ - per sq. meter for a total sum of Rs.4,549.60 per month. The tenants defaulted in payment of rent from the very inception. The tenancy was terminated by a composite notice dated 15.10.2009 under Section 106 of the Transfer of Property Act and the entire arrears of rent at the above rate were demanded. The said notice was served upon tenants on 20.10.2009. On the basis of the aforesaid notice the above suit was filed wherein the tenants appeared and contested the matter by admitting the relationship of landlord and tenant in respect of the premises in dispute but denying lease deed or any agreement with regard to the rate of rent.