ASHU GUPTA ALIAS KAKU Vs. SMT. UPASNA

JUDGEMENT

(1.) Hon'ble Heard learned counsel for the defendant-petitioner and Sri Manish Kumar Nigam, learned counsel appearing for the plaintiff-respondent.

(2.) Present petition has been filed for setting aside the order dated 22.5.2018 passed by Additional District Judge, Court No. 4, Bareilly in SCC Revision No. 25 of 2017 (Ashu Gupta @ Kaku v. Upasna) as well as order dated 30.5.2017 passed by Jude Small Causes Court, Bareilly in SCC Suit No. 58 of 2006 (Smt. Upasna v. Ashu Gupta @ Kaku) .

(3.) By the impugned judgment dated 30.5.2017 the trial court has allowed the SCC suit, filed for rent and eviction. The revision filed against the same was also dismissed. The case of the landlord-respondent is that she has purchased the property by registered sale deed dated 12.9.2015, the shop in question is a new construction and as such the provisions of the U.P. Act 13 of 1972 are not applicable in the present case; and notice for termination of tenancy under Section 106 of the Transfer of Property Act dated 29.7.2006 was served on the defendantpetitioner and he had also replied the same by reply dated 25.8.2006.