SMT. PARWATI DEVI Vs. SHRI CHATURI LAL

JUDGEMENT

(1.) Heard Sri Vinod Kumar Agarwal, learned counsel for the tenant-petitioner and Sri Vishnu Dutt Tiwari, learned counsel for the landlord-respondent and perused the record.

(2.) Present petition has been been filed challenging the judgement and order dated 4.8.2017 passed by the Additional District Judge, Court No. 12, Agra.

(3.) S.C.C. Suit was filed by the landlord-respondent claiming himself to be the owner of the shop after he has purchased the property in question from Lala Ram by a registered sale deed and that the petitioner is tenant on ground floor of one room at the rate of Rs. 50/- per month and other taxes. The suit was contested by the tenant-petitioner claiming herself to be the owner of the property in question. The suit was dismissed by the trial court but the revision filed by the landlord was allowed by the revisional court holding that in civil proceedings it has been concluded that the landlord (respondent herein) is the owner of the property in question and therefore, there exists landlord-tenant relationship. It was further held that since the petitioner was held to be the tenant in the accommodation, the benefit of deposit made under Section 20(4) of the UP Act No. 13 of 1972 (hereinafter referred to as the 'Act') cannot be granted. The trial court had held that there is no landlord-tenant relationship and for this reason it has not considered the question relating to the benefit of Section 20 (4) of the Act.