RAJRANI KAPOOR Vs. BHUPINDER SINGH

JUDGEMENT

(1.) THIS is landlord's petition under Section 25 of the Provincial Small Cause Courts Act, 1887 whose suit for ejectment has been thrown out by the VI Additional District Judge Kanpur.

(2.) THE building was admittedly constructed in the year 1964 and consisted of four independent portions in which different tenants were in occupation. The defendant became a tenant of the disputed portion some time in 1967 when the owner was residing out side Kanpur, where her husband was serving. On his retirement, they occupied one of the four portions in the building in July 1982.

(3.) THE defendant denied the allegations. He pleaded an agreement to pay the fixed amount of Rs. 56.25 per month in addition to the monthly rent of Rs. 280/- inclusive of all taxes and future variations therein. According to him the burden of additional tax could not be recovered as rent from him. As for the alleged constructions, it was contended that the wall in the passage had already been demolished and no cause of action in that respect survived. The raising of the shed in the back-yard with corrugated asbestor sheet covering is admitted but since it had not been embedded in the main building, it was submitted that this did not amount to 'construction'. In any case, it was not such a construction as to fall within the mischief of Section 20 of U.P. Act 13 of 1972.