TIJENDER SINGH Vs. SHANN SAROWAR KAKKAR AND ANOTHER

JUDGEMENT

(1.) Heard Sri Dharampal Singh, learned senior counsel assisted by Sri Siddharth Niranjan for the petitioner and Sri Rajan Tripathi for the caveator-respondent No. 1.

(2.) The instant petition is directed against the order dated 1.10.2018 passed by the Executing Court in Misc. Case No. 2/74/16 arising out of Execution Case No. 2/2016 rejecting the objections filed by the petitioner under Section 47 C.P.C.

(3.) The first respondent (for short 'the decree holder') instituted a suit for recovery of arrears of rent and for eviction of the petitioner (for short 'judgment debtor'), which was registered as SCC Suit No. 72/2006. According to the plaint case, shop No. 6 on the ground floor of building bearing No. 108, Industrial Estate, Kalpi Road, Kanpur Nagar, was let out by the decree holder to the judgment debtor on a rent of Rs. 7500/- per month. It was pleaded that U.P. Act No. 13 of 1972 was not applicable to the building. The judgment debtor was alleged to be in arrears of rent from 1.12.2004 to 31.8.2006 amounting to Rs. 1,57,500/-, which he failed to pay despite repeated demand, consequently, the tenancy was terminated by a notice under Section 106 of the Transfer of Property Act, 1882, followed by filing of the suit.