SMT. ROOPWATI Vs. SMT. SATYAWATI GUPTA

JUDGEMENT

(1.) Heard Sri Umesh Vats, for the petitioner and Sri Pramod Kumar Jain, Senior Advocate, assisted by Sri Manish Tandon, for the respondents.

(2.) This petition has been filed against the orders of Judge, Small Causes Court dated 07.07.2011, dismissing objection of the petitioner under Sec. 47 C.P.C. and Additional District Judge dated 09.12.2015, dismissing the revision against aforesaid order, in proceedings under U.P. Urban Buildings (Regulation of Letting, Rent & Eviction) Act, 1972 (hereinafter referred to as the Act).

(3.) Heera Lal and Govind Prasad (now represented by the respondents-7 to 18) and Sunder Lal (now represented by respondents-1 to 6) (hereinafter referred to as the landlord) were landlord and Smt. Roopwati (petitioner-1) was tenant of the disputed premises. The landlord sent a notice dated 04.09.1978 to petitioner-1 that they were owner and landlord of premises 106/262, Anand Bagh, Gandhi Nagar, Kanpur Nagar. A piece of open land, which was part of premises 106/262, was let out to petitioner-1 on rent of Rs. 80.00 + Rs. 5/- for water tax, per month and tenancy corresponds to English calender month. Petitioner-1 is defaulter since 01.05.1978 to 31.08.1978. In spite of repeated demand, she has not paid rent. She has also constructed three rooms over disputed land without consent of landlord. Petitioner-1 gave reply dated 26.10.1978 to the aforesaid notice, in which tenancy has been admitted. It has been stated that rent was regularly tendered to the landlord, which was not accepted. After notice entire arrears of rent was sent through money order on 31.10.1978. The disputed land was taken for manufacturing almira and for which tin shed constructions were raised, which were necessary for use of the tenancy.