NAGENDRA KUMAR SHARMA Vs. DEVI SARAN

JUDGEMENT

(1.) This is a civil Revision against the judgment and order dated 28.5.1983 passed by then Additional District Judge, (Judge Small Causes Court), Bulandshahr in S.C.C. Suit No. 25 of 1982 decreeing the suit of the plaintiff-respondent for ejectment of the revisionist from the disputed shop and for recovery of arrears of rent and mesne profits.

(2.) The plaintiff-respondent had filed the suit with the allegations that he is the owner and landlord of the shop in suit and the revisionist was his tenant on payment of Rs. 372.00 per month as rent. The defendant paid rent till 23.6.1982 for which he had issued a receipt to him. Thereafter, the revisionist did not pay any rent. The respondent then sent a combined notice of demand and ejectment dated 10.11.1982 but the revisionist despite its service upon him neither paid the rent nor vacated the disputed shop.

(3.) The defendant-revisionist filed his written statement and contended that the rate of rent was Rs. 12.00 per month from the beginning of the tenancy. This fact was informed by the respondent to the father of the revisionist through a notice dated 2.4.1977. The respondent refused to take the rent w.e.f. 23.6.1982 and the revisionist remitted the rent through money order. This was also refused by the respondent. The revisionist then deposited the rent in the Court of Munsif Bulandshahr under Sec. 30 of U.P. Act XIII of 1972. He, therefore, committed no default in payment of rent. As regards the notice in suit it was contended by him that the notice is illegal and invalid.