SAVITRI DEVI DIDWANIA Vs. ALLIED PHARMACEUTICAL

JUDGEMENT

(1.) Heard Sri Pramod Kumar Jain, Senior Advocate assisted by Sri Abu Bakht, learned counsel for the plaintiff-revisionist, now represented by her heirs and legal representatives and Sri S.D.Singh, Senior Advocate assisted by Sri Abhijit Banerjee, learned counsel for the defendants-respondents.

(2.) The judgment and order dated 22.5.2003 passed by the Additional District Judge as Small Causes Court dismissing S.C.C. Suit No.15 of 1999 (Smt. Savitri Devi Didwania Vs. M/S. Allied Pharmaceuticals and another) is under challenge in this revision under Section 25 of the Provincial Small Causes Court Act, 1887 (hereinafter referred to as the 'Act').

(3.) The plaintiff-landlady after determining the tenancy of the respondents-tenants under Section 106 of the Transfer of Property Act, 1882 instituted the above suit for their eviction. The suit was dismissed holding that the property is covered under the U.P. Act No.13 of 1972 (hereinafter referred to as the "Rent Act") and since there is no default in payment of rent, the suit for eviction cannot be decreed.