MOHD. IBRAHIM @ MUNNA Vs. MOHD. AHMED.

JUDGEMENT

(1.) This revision is under Sec. 25 of the Provincial Small Causes Court Act, at the instance of the tenant of a shop situate at Main Bazar Qasba Amariya, Pergana Jahanabad, Tehsil and District Pilibhit, as described at the foot of the plaint on a monthly rent of Rs. 500.00.

(2.) The plaintiff opp. party, hereinafter described as ''landlord' instituted a S.C.C. suit No.4 of 1998 against the present applicant hereinafter described as tenant on the pleas inter alia that the disputed shop was let out on a monthly rent of Rs.500.00 and has failed to pay the rent since April, 1995 in spite of the repeated demand, the tenancy has been determined by means of a registered notice dated 31st of March, 1998 which was served by refusal, determining the arrears of rent since April, 1995 and asking the tenant to vacate the disputed shop after expiry of 30 days from the date of receipt of the notice and hand over its vacant possession to the landlord along with the arrears of rent. It was further pleaded that a sum of Rs.18,850.00 is due towards the arrears of rent and the provisions of U.P. Act No.13 of 1972 are not applicable.

(3.) The suit was contested on the pleas inter alia that there has been a change of status of relationship of landlord and tenant between the parties and as a result of change of status the said relationship of landlord and tenant is extinguished since April, 1995. Neither the landlord is entitled to recover any rent after 1st of April, 1995 nor the tenant is liable to pay any rent thereafter.