HARBANSH LAL Vs. BRIJ RANI

JUDGEMENT

(1.) The defendant of SCC Suit No. 79 of 1996 has filed this petition for setting aside the judgment and order dated 21st March, 2001 passed by the Judge, Small Cause Courts, Meerut by which the aforesaid suit was decreed for ejectment and recovery of arrears of rent. The petitioner has also sought the quashing of the judgment and order dated 18th Oct., 2002 by which the Revision filed under Sec. 25 of the Provincial Small Cause Courts Act, 1887 for setting aside the aforesaid judgment and order was dismissed.

(2.) The aforesaid SCC Suit was filed with the allegations that the plaintiff was the owner and landlord of the premises in dispute which had been let out to the defendant on a monthly rent of Rs. 20.00; that the defendant had not paid rent from 1st Dec., 1978 in spite of repeated demands; that ultimately the plaintiff sent a notice under Sec. 106 of the Transfer of Property Act by Registered Post on 3rd April, 1996 for determining the tenancy and for payment of arrears of rent which notice was served upon the defendant on 8th April, 1996 but in spite of service of the said notice, the defendant did not vacate the premises in dispute and nor did he pay the arrears of rent. It was also mentioned that the claim for arrears of rent prior to 12th May, 1993 was barred by time. The relief that was claimed was for payment of arrears of rent w.e.f. 13th May, 1993 till 8th May, 1996 at the rate of Rs. 20.00 per month and damages from 9th May, 1996 till the date of possession.

(3.) The defendant filed a written statement denying the plaint allegations and stated that there was no amount due.