ASRAR Vs. OM PRAKASH AND OTHERS

JUDGEMENT

(1.) This petition has been filed by tenant petitioner challenging his eviction pursuant to the orders dated 26.2.2013 and 4.4.2015, in proceedings initiated before the Small Causes Court.

(2.) A perusal of the records goes to show that proceedings for eviction of the petitioner were initiated by the landlord with the allegation that shop had been constructed in the year 1967, and that the provisions of the Act of 1972 are not applicable. It was further stated that since the rent of the premises exceed 2,000.00, therefore, for this reason also, the provisions of the Act of 1972 are not attracted. Landlord contended that there had been default in payment of rent, and tenancy was determined, and eviction was sought. One of the additional grounds of sub-tenancy was also set up.

(3.) The tenant, pursuant to receiving of notices in proceedings, deposited the entire amount of rent, and sought protection of Sec. 20 (4) of the Act of 1972. Both the courts below have returned a finding that provisions of the Act of 1972 do not apply, inasmuch as the first assessment of the premises had been conducted on 1.4.1992, and therefore, the Act does not apply by virtue of Sec. 2 (2) of the Act. Ultimately, a decree for eviction has been passed.