JITENDRA KUMAR Vs. AMIT KUMAR

JUDGEMENT

(1.) Heard learned counsel for the petitioner; Sri Rajesh Gupta for the plaintiff-respondent; and perused the record.

(2.) The present petition has been filed against the orders dated 24.05.2016 and 07.01.2017 passed by the Judge Small Causes Court, Saharanpur in SCC Suit No. 3 of 2012 and the Additional District Judge, Court No.1, Saharanpur in SCC Revision No. 7 of 2016 respectively.

(3.) The facts giving rise to this petition are as follows: An SCC Suit No. 3 of 2012 was instituted by the plaintiff-respondent for eviction of the petitioner from a second floor accommodation of house bearing municipal no. 183 at Deoband Bazaar, Saharanpur. The plaint case was that the accommodation in suit was constructed in the year 2005 and, therefore, the U.P. Act No. 13 of 1972 (hereinafter referred to as the Act) was not applicable; that the defendant had been in arrears since 01.08.2009; and that by a notice dated 08.12.2011, which was served on 12.12.2011, the tenancy of the defendant was terminated.