TULLU MOTORS Vs. ADDITIONAL DISTRICT JUDGE

JUDGEMENT

(1.) The writ petition and the civil revision are between the same parties arising out of same dispute, hence, have been heard together and are being decided by this common order.

(2.) SCC Suit No. 12 of 2009 was filed by the landlord-Subodh Kumar Agarwal seeking a decree of ejectment and arrears of rent from 01.02.2008 to 05.01.2009 amounting to Rs.1,24,318.50/- along with mesne profits and future mesne profits. Suit was filed on the allegation that premises no. 9/471, of which he is exclusive landlord, was let out to M/s. Tullu Motors Pvt. Ltd., a company constituted under the Companies Act on a monthly rent of Rs.11,133/-. It was further alleged that since the rent of the accommodation was more than Rs.2000/-, hence, provisions of U.P. Act 13 of 1972 (for short the Act) were not applicable and the tenancy was at will terminable at any time, after notice under Section 106 of the Transfer of Property Act. It was further pleaded that tenant was in arrears of rent from February 2008 and in spite of repeated demands and requests, the same was not paid. It was also pleaded that tenancy was terminated vide notice dated 26.08.2008, which was sent through registered post and was returned back with the endorsement of 'Refusal' and even after expiry of 30 days of the notice period, neither the outstanding arrears was paid nor the accommodation was vacated. The suit was decreed vide ex parte judgement and order dated 05.11.2009, inasmuch as the tenant did not put in appearance. Thereafter, an application under Order IX Rule 13 C.P.C. was moved by the tenant for recall of the ex parte decree. Judge, Small Causes Court vide order dated 25.10.2011 allowed the application filed by the tenant and set aside the ex parte decree. Aggrieved by the same, the landlord has filed Civil Revision No. 519 of 2011.

(3.) Writ Petition No. 64482 of 2012 has been filed by the tenant-M/s. Tullu Motors Pvt. Ltd. challenging the order dated 23.04.2011 passed by Civil Judge (Junior Division), Varansi in Misc. Case no. 129 of 2008 rejecting the application under Section 30 (1) of the Act and the order dated 16.08.2012 passed by Additional District Judge, court No. 5, Varansi rejecting the revision challenging the order of the Civil Judge (Junior Division).