CENTRAL BANK OF INDIA Vs. MANOHAR LAL

JUDGEMENT

(1.) This is tenant's revision under Section 25 of the Provincial Small Cause Courts Act against judgment and decree dated 30-5-1997 of IIIrd Addl. District Judge (JSCC) Aligarh, decreeing the suit of the landlord opposite party for eviction of the tenant-revisionist from the disputed accommodation.

(2.) The disputed premises situate at Sadabad Gate Hathras was-in tenancy of the revisionist on monthly rent of Rs. 4285.00. Since monthly rent of this premises exceeded Rs. 2000.00 per month, the plaintiff claiming exemption of the provisions of U.P. Act No. 13 of 1972 filed a suit for eviction after serving a registered notice dated 4-9-1995 of ejectment under Section 106 of Transfer of Property Act. The notice was served on 5-9-1995.Since the notice remained uncomplied with and possession of the premises was not delivered, the suit for eviction was filed.

(3.) The suit was contested on the ground that U.P. Act No. 13 of 1972 is applicable to the premises in question. It was admitted that after periodical enhancement of the rent the rent was lastly agreed to be paid at the rate of Rs. 4285.00 per month in pursuance of the order passed by the prescribed Authority under Section 21(8) of the U.P. Act 13 of 1972. The validity of the notice of eviction was challenged on the ground that initially the tenancy was created for five years under a written lease-deed. In the said deed an option was given to the tenant for renewal for three years at an interval of one year each. However, neither the right of renewal was exercised by the tenant nor tenancy was determined by the landlord and since the landlord accepted the rent and permitted the revisionist to remain in occupation, the notice of eviction is invalid.