RAMJEET SINGH Vs. GOPAL KRISHNA GANGAL

JUDGEMENT

(1.) By means of present writ petition under Art. 226 of the Constitution of India, the petitioner-tenant, who was defendant in the suit filed by the respondent-landlord, challenges the order dated 5th March, 2005, passed by the revisional Court in SCC Revision No. 29 of 2001, whereby the revision filed by the tenant-petitioner against the order dated 1st Feb., 2001, passed by the Trial Court in SCC Suit No. 8 of 1999, was dismissed by which the Trial Court decreed the suit for the recovery of arrears of rent and ejectment of the tenant-petitioner, copies whereof are annexed as Annexure Nos. Rs.5' and 4', respectively to the writ petition.

(2.) The brief facts of the present case are that the respondent-landlord filed a suit before the Trial Court being SCC Suit No. 8 of 1999 on 4th Jan., 1999 against the tenant-petitioner for the recovery of the arrears of rent and ejectment of the petitioner from the shop in dispute after terminating the tenancy on the ground that the disputed building is a construction of the year 1990 and that the provisions of the U.P. Act No. XIII of 1972 (In short 'the Act'), do not apply. The tenant-petitioner filed a written statement denying the allegations made by the respondent-landlord in the plaint and submitted that the shop in dispute is an old construction and that the provisions of 'the Act' applies to the accommodation and further the petitioner-tenant has not committed any default in making payment of rent. However, in order to take the benefit of Sec. 20 (4) of 'the Act', the tenant has deposited the entire admitted ret etc. as is required under the provision of Sec. 20 (4) of 'the Act'.

(3.) The Trial Court after hearing learned Counsel appearing on behalf of the 1 parties and on the basis of the evidence on record has held that the accommodation in dispute is constructed in the year 1990 and therefore, the provisions of 'the Act' are not applicable to the accommodation in dispute. It therefore, decreed the suit for recovery of the arrears of rent and ejectment of the petitioner-tenant.