AMREEK SINGH Vs. SHAMBHOO DAYAL

JUDGEMENT

(1.) Heard Smt. Rama Goel Bansal, learned counsel appearing for the tenant-petitioner (hereinafter referred to as the tenant) and Sri Kamlesh Kumar Tiwari, learned counsel appearing for the landlord - respondent (hereinafter referred to as the landlord).

(2.) Present writ petition has been filed for setting aside the judgment and order dated 20.7.2017 passed by the Additional District Judge, Court No. 7, Jhansi in SCC Revision No. 77 of 2013 as well as judgment and order dated 6.9.2013 passed by the Judge, Small Causes Court, Jhansi in SCC Suit No. 14 of 2010.

(3.) Landlord filed SCC Suit No. 14 of 2010 seeking decree of eviction against the tenant from the shop in question alleging therein that the defendant is tenant in shop no.947 which is constructed on plot no. 318/5 situated at Jhokanbagh Civil Lines, Jhansi; that the rate of rent is Rs. 1217/- per month and that the shop was constructed in the year 1990-91 and as such the provisions of Act 13 of 1972 are not applicable. A notice dated 9.2.2010 for vacating the shop was given to the tenant terminating the tenancy but the same was returned with refusal by the tenant and therefore, the service was sufficient and thereafter the suit was filed. It was also alleged that the tenant is in arrears of rent since 1.12.2009.