BHOJRAJ WADHWA Vs. ADDL DISTRICT JUDGE MUZAFFARNAGAR

JUDGEMENT

(1.) -THE Suit filed by the landlords for ejectment and for recovery of arrears of rent was decreed by the learned Judge, Small Cause Courts, by the order dated 8th September, 1997. This petition has been filed by the landlords for setting aside the judgment and order dated 14th December, 1998 by which the Revision filed by the defendants for setting aside the aforesaid order dated 8th September, 1997 was allowed and the matter was remanded to the Trial Court.

(2.) SCC Suit No. 13 of 1991 had been filed on 21st March, 1991 by the landlords impleading M/s. Ganga Medical Store (notice to be served through partner or any other person carrying on the business), Shyam Lal Paliwal and Chandra Dutt Sharma as defendant Nos. 1, 2 and 3 respectively. It was alleged that the shop had been let out at the rate of Rs. 475/- per month but the rent had not been paid from 29th May, 1990 along with the taxes and, therefore, a notice under section 106 of the Transfer of Property Act for terminating the tenancy on the expiry of 30 days and for payment of arrears of rent was served upon the defendants.

(3.) THE learned Judge, Small Cause Courts found that U. P. Urban Buildings (Regulation of Letting, Rent and Eviction) Act, 1972 was not applicable to the building in question since the building was first assessed on 1st April, 1982 and period of ten years had not lapsed from the date of construction of the building. The Court also found that there was a presumption about the service of the notice under section 106 of the Transfer of Property Act upon the defendants. The suit was, accordingly, decreed. The Revisional Court, however, observed that the aforesaid notice had not been served upon the defendants and, therefore, it remanded the matter to the Trial Court.