LAWS(ALL)-2017-2-62

MOBIN Vs. SANJIV KUMAR

Decided On February 16, 2017
MOBIN Appellant
V/S
SANJIV KUMAR Respondents

JUDGEMENT

(1.) Heard Sri Chetan Chatterjee for the petitioner and Sri S.K. Pandey for the respondent.

(2.) The present petition is filed against the orders dated 21.01.2017 and 17.05.2016 passed by the Additional District Judge, Court No.8, Saharanpur in SCC Revision No. 6 of 2016 and Judge, Small Causes Court, Saharanpur in SCC Suit No. 30 of 2013 respectively.

(3.) A perusal of the record would go to show that SCC Suit No. 30 of 2013 was instituted by the plaintiff-respondent against the petitioner for arrears of rent and eviction by claiming that the accommodation in dispute was a new construction not covered by U.P. Act No. 13 of 1972 of which the defendant was a tenant at the rate of Rs. 2100.00 per month and he had remained in arrears of rent from 01.04.2010 up to 31.02013; and that a notice terminating tenancy as well as for handing over possession dated 16.04.2013 was duly sent by registered post but, despite service of notice, the tenant had not vacated the premises nor paid the arrears.