BADI UZZAMAN Vs. DISTRICT JUDGE KANPUR

JUDGEMENT

(1.) THIS is a petition under Article 226 of the Constitution of India arising out of suit No. 1137 of 1980 filed in the court of Judge Small Causes, Kanpur for ejectment and arrears of rent and damages for use and occupation by the respondent No. 2 Mushtaq Ahmad against the petitioner, Badiuzzaman. The landlord, respondent No. 3 sent a notice of demand and termination of the tenancy of the petitioner which was alleged to be dated 1st of February, 1980. By this notice arrears of rent for the period of 1st August, 1979 to 31st March, 1980 were demanded. The suit had been filed on the allegations that the property in dispute did not come under the purview of the U. P. Urban Buildings (Regulation of Letting, Rent and Eviction) Act, 1972, U. P. Act XIII of 1972, hereinafter referred to as the Act.

(2.) THE suit was contested by the petitioner tenant on the ground that the building in dispute was covered by the provisions of the Act. THE service and the validity of the notice terminating his tenancy was also questioned. It was also urged that the tenant was not a defaulter in the eye of law and ultimately it was claimed that he was entitled to the benefit of Section 39 of the Act.

(3.) I have heard the learned counsel for the parties.