RAKESH JAIN MANCHALA Vs. VIRENDRA KUMAR SHARMA

JUDGEMENT

(1.) The instant revision is directed against the judgement and decree dated 29.10.2018 passed by District Judge, Hapur decreeing SCC Suit No. 3 of 2016 filed by the respondent/landlord for recovery of arrears of rent and for eviction.

(2.) The plaintiff/respondent instituted the suit on the ground that revisionist, who is tenant of a shop on his behalf, had defaulted in payment of rent since 1.1.2007. According to him, rent of premises initially was Rs. 180.00 per month, which was enhanced to Rs. 500.00 per month since Nov. 2006 with mutual consent. The revisionist was alleged to be tenant since the year 1998. By notice dated 26/27.11.2015, the tenancy was terminated and arrears of rent was demanded but since it was not paid therefore, suit was filed. It was the specific case of the landlord that U.P. Act no.13 of 1972 was not applicable, as the building was constructed in the year 1987, after getting a map sanctioned from the Executive Officer, Nagar Palika Parishad, Pilkhua on 16.2.1987.

(3.) The revisionist contested the suit by pleading that tenancy started since the year 1983 and the rate of rent was Rs. 30.00 per month. According to him, rent upto Dec. 2015 was duly paid and thereafter he remitted the rent by money order.