DOOLAH JAN Vs. IIIRD ADDITIONAL DISTRICT JUDGE, MORADABAD

JUDGEMENT

(1.) THE petitioner seeks writ of certiorari quashing the judgment dated 24.1.1991 passed by respondent No. 1.

(2.) THE facts, in brief, are that the petitioner is owner and landlord of the shop in question situate at Maqbara Road, Guiyan Bagh, Moradabad. Respondent No. 2 was its tenant. The petitioner filed S.C.C. Suit No. 98 of 1983 against respondent No. 2 on the allegation that rent of the shop in question was Rs. 60 per month. It was a new construction and was assessed for the first time in 1978 and the provisions of U.P. Act No. XIII of 1972 were not applicable. The tenant failed to pay arrears of rent since 1.9.1980. A notice dated 21.3.1993 was sent to respondent No. 2 demanding arrears of rent and terminating his tenancy but the same was not compiled with.

(3.) THE Judge Small Causes Court recorded a finding that the building was not old construction and the provisions of Act No. XIII of 1972 were not applicable. The rate of rent was Rs. 60 per month. The tenant committed default in payment of arrears of rent. The trial Court decreed the suit on 9.2.1990. The tenant-respondent No. 2 filed revision against the said order. Respondent No. 1 held that provisions of Act No. XIII of 1972 were not applicable as it was a new construction. As regards the rate of rent it held that the rent of the shop in question was Rs. 20 per month and not Rs. 60 per month as alleged by the plaintiff. The notice was held to be invalid for the reason that the petitioner had demanded higher rate of rent. The suit of the plaintiff was dismissed by the impugned order dated 24.1.1991.