RAJ KUMAR RAJPOOT Vs. USHA DEVI LAHAUTI

JUDGEMENT

(1.) -This is tenant's petition questioning the validity of judgment and order dated 20.4.2005 and 11.7.2008 passed by Judge Small Cause Court as affirmed by Additional District Judge, Court No. 1, Bijnor on 2.9.2008.

(2.) BRIEF background of the case is that petitioner is tenant of shop in dispute at the rate of Rs. 500 per month, as mentioned by petitioner. Petitioner has stated that his tenancy is on month to month payment basis. In the said premises in question, petitioner is running jewellery shop for his livelihood. Notice was sent on 21.11.2002 informing and intimating the petitioner that since 1.9.2002 rent at the rate of Rs. 600 has not been paid. It was mentioned therein that landlord did not any further intend to retain the tenant as such, from the date of receipt of notice after 30 days, tenancy would be terminated and after expiry of the period of 30 days possession of the premises in question was asked to be handed to the landlord, and in the event of failure to comply with the directions contained in the notice, landlord would be initiating proceedings. Said notice was replied on 10.2.2002. Thereafter, J.S.C.C. Suit No. 6 of 2002, Smt. Usha Devi Lahauti v. Raj Kumar Rajpoot, was filed, clearly and categorically mentioning therein that provisions of U. P. Act No. XIII of 1972 were not applicable. Suit was contested by the petitioner by filing written statement. Petitioner also mentioned that entire amount was being deposited by him in order to save himself from being evicted. In the proceedings, so undertaken, Yogendra Kumar Lahuati was examined. On the basis of evidence led, Judge Small Cause Court concluded that the provisions of U. P. Act No. XIII of 1972 were not applicable and petitioner was liable to be ejected, as his tenancy has been validly terminated. J.S.C.C. revision filed against the same has also been dismissed. At this juncture present writ petition has been filed.

(3.) IN order to consider the first argument advanced as to what would be the date of construction of building in question, the provisions of U. P. Act No. XIII of 1972 has to be looked into. Relevant portion of Section 2 (2) of the Act is as follows :