ANISH AHMAD Vs. SPECIAL

JUDGEMENT

(1.) SUDHIR Narain, J. The petitioner seeks writ of certiorari quashing the order dated 8-2-1994 passed by the Judge Small Causes Court, Saharanpur, respondent No. 2 decreeing the suit of plaintiff-respondent and judgment dated 10-4-1997 passed by respondent No. 1 dismissing the revision against the aforesaid order.

(2.) THE petitioner was tenant of Shop No. 47 situate in Qasba Deoband, district Saharanpur on monthly rent of Rs. 30 and respondent No. 3 is landlord. Respondent No 3 filed S. C. C. Suit No. 12 of 1984 on 16th August, 1984 in the Court of Judge Small Causes Court, Saharanpur on the al legation that the petitioner failed to pay arrears of rent since 1st July, 1982. He had sent composite notice on 20th March, 1984 demanding arrears of rent and terminating the tenancy. THE petitioner did not comply with the notice. It was further stated that the shop in question was constructed in the year 1978 but it was assessed for the first time in the year 1982 and the provisions of U. P. Urban Buildings (Regulation of Letting, Rent and Eviction) Act, 1972 (hereinafter referred to as the Act) were not applicable.

(3.) SRI L. N. Pandey, learned counsel for the petitioner, has not assailed the finding recorded by the Court below that the provisions of U. P. Act No. XIII of 1972 are not applicable. Learned counsel for the petitioner urged that after the notice was sent by the respondent No. 3 on 20th March, 1984, he had accepted Rs. 90/- as rent sent by the petitioner in June, 1984. The amount having been accepted after the notice was sent by respondent No. 3, the said notice shall be treated as waived. He has placed reliance upon the decision Ram Dayal v. Jwala Prasad, AIR 1966 Alld. 623; wherein the Court held that if the landlord accepts rent for a period subsequent to the notice, in that circumstances the notice can be treated as waived.