CHARAN SINGH Vs. M/S. AJANTA THEATRE, SHAMLI

JUDGEMENT

(1.) Heard Sri Rajesh Gupta, learned counsel for the tenant-petitioner and Sri Shubham Agrawal, learned counsel appearing for the landlord-respondent.

(2.) Present petition has been filed for quashing of the order dated 5.2.2013 passed by J.S.C.C. Civil Judge (Senior Division), Kairana in SCC Suit No. 3 of 2004 (M/s. Ajanta Theatre v. Charan Singh) as well as order dated 28.9.2017 passed by Additional District Judge, Court No. 15, Muzaffarnagar in SCC Revision No. 4 of 2013.

(3.) SCC suit was filed by the landlord-respondent against the tenant-petitioner on the ground that the shop was constructed in the year 1987 and the first assessment had taken place in the year 1991, therefore, the provisions of Act 13 of 1972 (hereinafter referred to as the Act) are not applicable in the present case. The tenant was in possession pursuant to the registered rent deed dated 2.11.1993. A notice dated 25.9.2003 was given to the tenant for payment of arrears of rent and terminating the tenancy of the tenant-petitioner. The suit was contested by the tenant on the ground that the Act is applicable and that no notice was served terminating the tenancy on the tenant-petitioner. The finding was recorded by the trial court against the tenant and thereafter revision filed by the tenant was also dismissed.