NEW BANK OF INDIA Vs. SANGAT SINGH PANWAR

JUDGEMENT

(1.) A suit for rent and ejectment was filed by the respondent against the applicant New Bank of India, which later on merged with Punjab National Bank the present revisionist. It is not disputed that originally the premises were let out at a rent of Rs. 2,100 on a lease of 5 years commencing from 2.8.1974 renewable on a fresh settlement of terms for a further period of 5 years. This period had expired on 2.8.1984. The case of the plaintiff-respondent is that although the plaintiff wanted to evict the tenant but in view of the U. P. Act No. 13 of 1972 being applicable no suit for eviction was then filed. It was also alleged that defendant is a habitual defaulter in payment of rent and that water tax was also not paid for the period from August, 1984 to 21.9.1999 and the tenancy of the applicant was terminated by notice dated 6.9.1989. The suit was contested by the bank. According to the bank it continued to be the tenant of the disputed premises even after the lease came to an end on the same terms and conditions. It was also alleged that there was no default and the rent had been deposited under Section 30 of U. P. Act No. 13 of 1972 and in the Court after filing of the suit on the date of first hearing. As regards water tax it was alleged that it is not part of the rent in view of the terms of the agreement. The Judge, Small Causes Court has recorded a finding that after the expiry of the lease in 1984, the applicant became a statutory tenant. Reliance was placed upon Section 7 of U. P. Act No. 13 of 1972 which provides that water tax and 25% of the enhanced house tax shall be paid by the tenant as part of the rent and as water tax was not paid, the tenant is a defaulter. The suit for eviction and recovery of arrears of rent was decreed.

(2.) I have heard Sri K. L. Grover learned senior counsel for the applicant and Sri N. C. Rajvanshi and Sri Siddharth Verma for the respondents.