CHOKHEY LAL Vs. GANESHI LAL

JUDGEMENT

(1.) This is a defendant's revision under Sec. 115 of the Code of Civil Procedure against the judgment and order dated 15.5.1975 passed by the learned District Judge, Agra.

(2.) Briefly stated the facts giving rise to this revision application are that the plaintiff opposite party filed a suit for ejectment of the defendant revisionist from shop No. 25/61-B situate in Gandhinagar Agra and for the recovery of Rs. 117/- as pendentilite and future damages etc., on the allegation that the shop was constructed in 1969 and the provisions of U.P. Act No. 13 of 1972 did not apply to it and that a valid notice to quit was given to the defendant of 28.1.1974, but in vain.

(3.) The defendant contested the suit inter alia on the grounds that the shop was constructed before 1964 and was governed by the provision of U.P. Act No. 13 of 1972 ; that the lease was for manufacturing purposes and the notice to quit was invalid. In the alternative, he also claimed the benefit of Sec. 114 of Transfer of Property Act, as he had deposited the entire rent, interest and costs of the suit.