ABBAS ALI Vs. ASHOK KANDPAL

JUDGEMENT

(1.) PRAFULLA C. Pant, J. This revision, preferred under Sec tion 25 of Provincial Small Cause Courts Act, 1887, is directed against orders dated 03-09-2005 and 30-09-2005 passed by Judge Small Cause Court/a. D. J. /ii F. T. C. Nainital, in S. C. C. suit No. 3 of 1995.

(2.) BRIEF facts of the case are that the Plaintiff/respondent Shri Ghananand Kandpal (since deceased) instituted a suit for ejectment and re covery of arrears of rent and damages against the revisionist - Abbas Ali, al leging that the building in question be ing a new construction, is not covered under U. P. Urban Buildings (Regulation of Letting, Rent and Eviction) Act, 1972. It is further pleaded by the plain tiff that the defendant/revisionist was tenant of the building in question on rent at the rate of Rs. 325/- per month and tenancy was terminated by serving him notice under Section 106 of Trans fer of Property Act, 1882. The service of notice was made on 03-01-1995 and thirty days thereafter the tenancy stood terminated. It appears that the original plaintiff Ghananand Kandpal died dur ing the pendency of suit and his heirs were substituted. However, one of his heirs who was plaintiff No. 1/3 namely Subhash Kandpal was directed to be transposed as defendant No. 2 on the ground that he was in collusion of the tenant and acting against the interest of the landlords.

(3.) SECTION 20 (4) of U. P. Urban Buildings (Regulation of Letting, Rent and Eviction) Act, 1972 protects the tenant against whom suit is instituted on the ground in default of payment of rent, eviction provided he uncondition ally deposits at first hearing of the suit, the entire amount of the rent and dam ages together with interest at the rate of 9% per annum and the landlord's cost of the suit. However, this provision would be applicable only when the aforesaid Act is applicable to the building.