VIDHYAWATI SINGH DEAD Vs. AASHA SINGH

JUDGEMENT

(1.) THE dispute relates to a shop in House No. S. 9/475-4-A situate in Mohalla Nai Basti Pandeypur District Varanasi of which the contesting respondents are the landlords and the petitioner is the tenant on monthly rent of Rs. 800/ -.

(2.) S. C. C. Suit No. 19 of 2001 giving rise to present writ petition was instituted by the respondents herein against the petitioner for recovery of arrears of rent amounting to Rs. 25,000/- for the period 1. 10. 1998 to 31. 3. 2001 damages from 15. 5. 2001 to 2. 7. 2001 amounting to Rs. 1254/- and pendente lite @ Rs. 800/-per month and ejectment of the present petitioner.

(3.) IT was pleaded that Ashok Kumar Singh the predecessor in interest of the plaintiff landlords was the owner of the shop in question who let it out to the defendant-petitioner with effect from 26. 10. 1991 under a rent note and Ashok Kumar Singh on having expired the plaintiffs succeeded to the property. The defendant is in arrears since 1. 10. 1998, 31. 3. 2001 and he has failed to pay the rent inspite of notice of demand and ejectment dated 5. 8. 2000. The tenancy was terminated by the registered notice dated 10. 4. 2001 served on 14. 4. 2001 as the provisions of U. P. Act No. 13 of 1972 are not applicable as the building in question is a new construction within the meaning of the said Act.