HARI KISHAN MAHESHWARI Vs. RAJENDRA KUMAR

JUDGEMENT

(1.) A. B. Srivastava, J.- This is a tenant's writ petition against the judgment and decree of the J. S. C. C. , Moradabad, dated 24-4- 1992 whereby he decreed the suit of the plaintiff respondent No. 1 for ejectment, arrears of rent and house tax, and judgment dated 4-10-1994 of the Additional District Judge, Morada bad confirming the same in revision. In this case respondent No. 1 has filed caveat and his counsel stated that he does not propose to file any counter affidavit in view of the material placed on record by the petitioner, hence the petition is being disposed of finally at admission stage after hearing both the parties' learned counsel.

(2.) THE suit was filed by the respondent for ejectment, arrears of rent etc. with allegation that he is owner landlord of the house in question which was in the tenancy of the petitioner, on a monthly rent of Rs. 1,500. THE building being constructed in the year 1979, the Act 13 of 1972 does not apply, besides the defendant was also in arrears of rent from 1-10-1985 to 31-1-1986. By a notice under Section 106 of the T. P. Act, the tenancy was determined and by the same notice rent was also demanded which he failed to comply barring sending rent upto February, 1985, hence the suit. Apart from Rs. 2,300 rent and damages, Rs. 3,500 towards arrears of house tax was also claimed. THE suit was contested by the defendant who contended that building in question being old construction, Act 13 of 1972 is applicable and the suit for recovery of arrears of house tax was not cognizable by the Court of Small Causes.

(3.) IN Smt. Rajrani Kapoor v. Bhupendra Singh, 1990 (2) ARC 460, while interpreting Section 7 of Act 13 of 1972, rent has been held to include also house and water tax.