RAMAKANT Vs. OM PRAKASH

JUDGEMENT

(1.) The petitioner/tenant is before this Court assailing the judgment and decree dated 8 February 2015 passed by the Additional District Judge/Special Judge, Kanpur Nagar in SCC revision no. 58 of 2008 (Rama Kant vs. Om Prakash) arising from an order passed by the Small Causes Court, Kanpur Nagar decreeing the suit for eviction and arrears of rent/damages.

(2.) The Courts below upon considering the material and evidence on record held that the notice under Section 106 of the Transfer of Property Act is valid and legal, Act 13 of 1972 is not applicable on the premises in dispute thereby decreed the suit for eviction. In revision the petitioner contended before the revisional Court that the benefit of Section 110 and 114 of the Transfer of Property Act was not given to the petitioner, therefore, it was urged that the impugned order is bad in law. The Revisional Court affirmed the judgment and decree thereby rejecting the revision.

(3.) In rebuttal, Sri Nigam, learned counsel appearing for the respondent would submit that the impugned judgment and decree is lawful and valid, the benefit of Section 114 is not available. The tenancy was month to month therefore, was terminated on a simple notice for default and arrears of rent.