BRIJENDRA GAUR Vs. SUBODH MOHAN

JUDGEMENT

(1.) -Petitioner is tenant of a shop situated in Civil Lines, Opposite Old Jail within the premises of Mohan Hospital, Bulandshahr.

(2.) PLAINTIFF-respondent filed S.C.C. Suit No. 3 of 2002 for eviction of the petitioner on the ground of non-payment of arrears of rent. The suit was contested by the petitioner-tenant by filing written statement. The Judge, Small Causes Court, Bulandshahr, vide judgment dated 3.9.2002 decreed the suit on the ground of denial of title of the landlord in proceedings under Section 20 (4) of the U. P. Urban Buildings (Regulation of Letting, Rent and Eviction) Act, 1972 (hereinafter referred to as 'the Act').

(3.) COUNSEL for the petitioner has urged that the petitioner never denied the factum of his tenancy but he denied the exclusive ownership of the respondent-landlord over the disputed shop by way of family partition. He submitted that the petitioner deposited a sum of Rs. 20,000 in lump sum before the 'first date of hearing' of the suit, which was more than the amount, i.e., Rs. 14,460 claimed by the respondent-landlord, as such, the petitioner was not liable to be evicted from the disputed shop as he did not commit any default in payment of rent.