STATE BANK OF INDIA Vs. SWARAN SINGH

JUDGEMENT

(1.) N. L. Ganguly, J. This civil revision under Section 25 of the Provincial Small Cause Courts Act was filed by the State Bank of India, defendant, against the judgment and decree dated 26-10-1993.

(2.) A suit for recovery of rent and damages for use and occupation, mesne profit, ejectment of the defendant from the premises in question etc. was filed. The said suit has been decreed and a decree for evic tion of the revisionist was also passed.

(3.) THE facts of the case are not compli cated. THE suit for recovery of arrears of rent and damages for use and occupation for the accommodation, eviction of the defendant etc. was filed against the State Bank of India on the ground that the plaintiffs is the owner-landlord of the property in question. THE building in question was constructed in 1977 and was for the first time assessed by the Municipal Board in the year 1977-78. On 15-12-1979 the property in question was let out to the Bank at a monthly rent of Rs. 1700 for a fixed period of five years and that period expired on 14-12-1984. THE plaintiff pleaded that the U. P. Act No. 13 of 1972 is not applicable to the said premises. It was a monthly lease. THE lease deed was not a registered deed and the plaintiff was a right to evict the defendant from the-suit proper ty. Notice for arrears of rent and eviction dated 11-1-1985 as served on the defendant on 12-1- 1985 by which the tenancy was ter minated and the defendant-revisionist was called upon to vacate and handover the vacant possession of the said property to the landlord. THE tenancy of the defendant stood terminated on 11-12-1985. THE revisionist failed to comply with the notice. THE defendant was in arrears of rent from 15-12-1984 to 12-1-1985. THE plaintiff is also entitled to get mesne profit at the rate of Rs. 250 per day till the vacant possession is delivered to him.