JAI PAL GUPTA Vs. KALI CHARAN

JUDGEMENT

(1.) Sri Jai Pal Gupta, plaintiff-revisionist has appeared In Person and Sri Shesh Kumar, learned Counsel for the defendant-respondents is present.

(2.) The present revision has been filed under Section 25 of the Provincial Small Cause Court Act against the judgment and order dated 28.7.1987, dismissing the Original S.C.C. Suit No. 16 of 1980 filed by the landlord/plaintiff-revisionist against the defendant-respondents for rent and ejectment from the premises (shop), in question, on account of default in payment of arrears of rent, which had been let out by a registered rent deed in favour of the father of the defendant-respondents No. 1, 2, 3 and husband of defendant No. 4. As per the plaintiff-revisionist, the shop in question was reconstructed in the year 1970 and therefore, the U.P. Act No. 13 of 1972 was not applicable to it.

(3.) The defendant-respondents contested the aforesaid S.C.C. suit by filing a written statement averring therein that they had never committed any default in making payment of rent and on refusal to receive the rent, the same was sent by money order and when the plaintiff-revisionist refused to receive the money order, the defendant-respondents started depositing the rent in the Court concerned and the same was received by the plaintiff-revisionist. It was also averred in the written statement that the shop, in question, being an old construction, U.P. Act No. 13 of 1972 was fully applicable and the notice given by the plaintiff-revisionist was irregular,