MUKESH KANT CHATURVEDI Vs. ANIL KUMAR GUPTA

JUDGEMENT

(1.) Heard Sri Munesh Kumar/Ashish Kumar, learned counsel for the revisionist and Sri Lalit Kumar for the opposite party.

(2.) This revision u/s 25 of the PSCC Act is preferred against the judgment and order dated 29.4.2016 passed by Addl. District Judge (Court no.12), Moradabad in SC Suit no. 24 of 2011, whereby a suit for eviction arrears of rent etc. preferred by the opposite party/landlord is decreed.

(3.) The opposite party/landlord filed a suit for eviction, arrears of rent etc against the revisionist/ tenant in respect of the shop in dispute alleging the same to be a new construction of 1987; the revisionist is a tenant @ Rs. 3300.00 per month, the provisions of the U.P. Act XIII of 1972 are not applicable; rent stands paid only upto Feb. 2011, whereas rental amounting to Rs.13,200.00, i.e, of four months from 1.3.2011 to 30.6.2011 remains unpaid despite repeated demands, followed by a quit notice dated 4.7.2011, which stood served upon the revisionist on 5.7.2011, pursuant thereto, the revisionist on 22.7.2011 deposited the rent for the period 1.3.2011 to 31.7.2011, which was received by the opposite party/ landlord under protest. He thus alleged that there was no waiver of the notice dated 4.7.2011 sent by him. It was finally alleged that the said shop can easily earn a rental of Rs.6000.00 per month, i.e, he also claimed damages @ Rs.200.00 per day.