PRAMOD KUMAR AND ORS. Vs. SHREYANS KUMAR JAIN

JUDGEMENT

(1.) Heard Sri Akhilesh Chandra Shukla, learned counsel for the revisionist (hereinafter referred to as the 'tenant') and Sri Vishnu Sahai, learned counsel for the opposite party (hereinafter referred to as the 'landlord') and perused the record.

(2.) The present revision has been filed challenging the impugned order dated 19.10.2015 passed by the Judge, Small Causes/Additional District Judge, Court No. 2 in SCC No. 9 of 2011.

(3.) The SCC No. 9 of 2011 was filed by the landlord on the ground that he is the owner and landlord of the shop in dispute, which was let out to the tenant on a rent at the rate of Rs. 1000/- per month; the Uttar Pradesh Urban Buildings (Regulation of Letting, Rent and Eviction) Act, 1972 (hereinafter referred to as the ' UP Act 13 of 1972') is not applicable in the present case; the tenant has committed default in payment of rent, however, since the rent prior to 24.5.2008 has become time barred, therefore, the rent from 28.10.2008 to 7.5.2011 is being claimed from the tenant; a registered notice dated 5.4.2011 was sent to the tenant terminating his tenancy and demanding possession and arrears of rent from 28.10.2008, which was admittedly received by the tenant on 7.4.2011 and the same was replied by him on incorrect facts.