VINOD KUMAR Vs. NARESH CHANDRA SHARMA

JUDGEMENT

(1.) This writ petition arises out of the judgment and order dated 11.08.2015 passed by the Judge Small Causes Court, Bulandshahar in S.C.C case No.19 of 2011 (Naresh Chandra Sharma Versus Vinod Kumar) and also the Revisional Court order dated 11.02.2016 passed in J.S.C.C Revision No. 16 of 2015 (Naresh Chandra Sharma vs. Vinod Kumar.

(2.) The eviction suit was filed before the Judge Small Causes Court, Bulandshahar on the ground that the shop was let out for running general merchandise business but without permission of the landlord the defendants started business of battery manufacturing. Moreover, the plaintiff did not want to continue the tenancy hence a notice to quit was served upon the petitioner through counsel by registered post. The defendants neither paid rent nor vacated the shop in question and, therefore, the ejectment suit was filed with the relief to deliver possession to the plaintiff/landlord.

(3.) The suit was decreed by the Small Causes Court (JSCC) on the ground that the tenancy is not protected by the provisions of U.P. Act No. 13 of 1972 as the shop in question is a new construction exempted from the operation of the Act in view of section 2(2) of the Act. The petitioner was found in default and that there was no dispute regarding service of notice to quit and, therefore, the suit was decreed. The finding recorded by the J.S.C.C was upheld in revision.