MANGAT SINGH Vs. SUNDER LAL

JUDGEMENT

(1.) THIS revision is directed against the order dated 11 -9 -1984, recorded by Sri D.P. Varshni, learned Vth Addl. District Judge, Meerut in S.C.O. Suit No. 31 of 1981, by which the revisionist was ejected from the premises in dispute and suit for recovery of arrear of rent amounting to Rs. 3400/ - was decreed alongwith the mesne profits at the rate of Rs. 100/ -per month; pendente lite and future damages for use and occupation at a similar rate were allowed subject to payment of requisite court fee on the execution side. Costs were also awarded to the landlord.

(2.) ADMITTEDLY , the revisionist is the tenant of a portion of first floor consisting of a room, a verandah, a kitchen, store room, and bath room as shown in Municipal plan in Begumbagh street, Meerut city paper No. 16 -A/C1/2 and indicated at the foot of the plaint. It was alleged by the landlord that U.P. Urban Buildings (Regulation of Letting, Rent and Eviction) Act No. XIII of 1972 was inapplicable to the accommodation in dispute as it was constructed in 1972 and was assessed to house tax for the first time in that year The rate of rent was Rs. 100/ - per month, which fell due from 1 -1 -1973. Despite the service of the notice of demand of rent upto 31 -10 -80 amounting Rs. 340/ -, it remained unpaid.

(3.) THE learned trial Judge found that the premises in question were not covered by the provisions of Act No. XIII of 1972. He further found that the rental was Rs. 100/ - per month and not Rs. 10/ - per month In the result, the claim was allowed in full.