AHSAN Vs. MOHAMMED HUSAIN

JUDGEMENT

(1.) This Second Appeal has been preferred by the Defendant-appellant against the judgment and decree dated 13th May, 1999 of lower Appellant Court allowing Civil Appeal No. 12 of 1995, dismissing judgment and decree dated 17th Dec., 1994 of trial Court passed in Original Suit No. 253 of 1987.

(2.) Plaintiff-landlord filed a suit for ejectment of plot No. 646/3 (New No. 1354), area about 50 Sq. Yards situated at Mhalla Kalyan Singh, Mill Road Kasba and Tehsil-Mawana, District Meertu description of boundary of which has been given in the map attached to the plant on the allegation, inter alia, that Defendant taken the land in suit on rent at the rate of Rs. 125 per month as the land in Suit was a vacant land provisions of U.P. Act No. 13 of 1972 are not applicable, despite repeated requests Defendant did not vacate the land in suit, hence the J suit after serving notice under Sec. 106 of the Transfer of Property Act, 1882.

(3.) Defendant denied plaint allegations and also pleaded that the Civil Court has no jurisdiction to entertain the suit as the Defendant is entitled to benefit I of Sec. 20 (4) of U.P. Act No. 13 of 1972. Various other pleas were also taken in the written statement.