MUNEER AHMAD Vs. MAQBOOL AHMAD AND 3 ORS.

JUDGEMENT

(1.) Heard learned counsel for the revisionist and Sri Ashish Kumar Singh, learned counsel appearing for the landlord-respondent.

(2.) The present revision has been filed against the judgment and order of the court below dated 28.10.2015 passed by the Judge Small Cause Court/Additional District Judge, Court No. 4, Saharanpur in S.C.C. No. 23 of 2008. The said suit was filed by the respondent-landlord on the ground that the shop in dispute is under the tenancy of the revisionist @ Rs. 1200.00 per month; the Act 13 of 1972 is not applicable in the present case; since first July 2008 rent has not been paid by the tenant; registered notice dated 12.5.2015 was sent to the tenant terminating the tenancy and demanding possession and arrears of rent from 1.7.2005; and the aforesaid registered notice was admittedly received by the tenant on 15.5.2008 and was replied by him on incorrect facts.

(3.) Five issues were framed by the court below. Issue no. 1 was regarding rate of rent as to whether the rate of rent is Rs. 1200.00 or Rs. 500.00 per month, on which a finding was recorded by the court below that the rate of rent is Rs. 500.00 per month. Issue no. 2 was as to whether the tenant has defaulted in making payment since 1.7.2005 to 30.4.2008, on which a finding was recorded by the court below that the tenant has defaulted in making payment since 1.7.2005. The said finding was recorded on the basis of material and evidence on record. Issue no. 3 was regarding applicability of Act 13 of 1972, after perusal of documentary evidence on record regarding sanction of map, which was accorded on 24.7.1990 and the assessment for the year 1987 to 1992 wherein the property was noted as plot, it was held that the construction is new and the building is not covered under the Act 13 of 1972 and the same is not applicable to the property in question. Issue no. 4 was regarding service of notice on which it was held that admittedly the registered notice dated 12.5.2008 was received by the defendant on 15.5.2008 and was also replied and as such notice was validly served on the tenant. Consequently, the relief for eviction and payment of arrears of rent w.e.f. 1.7.2005 was passed. A further direction was given that the tenant shall vacate the property within a period of one month and for future occupation he shall be liable to pay rent @ Rs. 500.00 per month.