SITA RAM Vs. NAJIB AHMAD

JUDGEMENT

(1.) Heard Sri Ramesh Kumar Shukla, learned counsel for the petitioner and Sri K.M. Garg, learned counsel for the respondent.

(2.) Brief facts of the case are that petitioner has filed an S.C.C. Suit No. 45 of 2000 against the respondent before Judge, Small Causes, Bijnor for eviction on the ground of default in payment of rent. In the plaint, it was mentioned that shop was constructed in the year 1990 after taking permission from the Nagar Palika, Dhampur, as such, provisions of Uttar Pradesh Urban Buildings (Regulation of Letting, Rent and Eviction) Act, 1972 (hereinafter referred to as "U.P. Act No. 13 of 1972") is not applicable to the shop in dispute. Respondent filed his written statement, denying the plaint allegations. It was mentioned in the written statement that shop is old one, as such, U.P. Act No. 13 of 1972 is applicable. It is also mentioned in the written statement that respondent had sent the rent by means of money-order after receiving notice from the petitioner but he refused to accept the same, hence, respondent has deposited the rent under Sec. 30(1) of the U.P. Act No. 13 of 1972. Issues were framed before the Judge, Small Causes and the parties have adduced evidence in support of their cases. The Judge, Small Causes vide judgment and order dtd. 23/5/2006 dis- missed the aforementioned suit, recording finding of fact that there was no default of payment of rent. Against the judgment and order dtd. 23/5/2006, revision under Sec. 25 of The Provincial Small Cause Courts Act, 1887 was filed by the petitioner before the District Judge which was heard and dismissed vide judgment and order dtd. 27/4/2009. Hence, this writ petition under Article 226 of the Constitution of India before this Court for the following reliefs:-

(3.) The writ petition was entertained on 4/8/2009. The writ petition was later on converted into petition under Article 227 of the Constitution of India. The aforementioned writ petition was dismissed in default on 1/7/2024 but the same was restored on the restoration application filed on behalf of the petitioner. The parties have exchanged their pleadings in the matter.