DR. SURESH CHAND Vs. BIHARI LAL BHATIA

JUDGEMENT

(1.) These are two revision applications under Sec. 115 of the Civil Procedure Code arising out of the judgment and decree dated 28.10.1977 passed by the learned Second Additional District Judge, Mathura.

(2.) The facts giving rise to these revision-application are that Bihari Lal Bhatia (who will hereinafter be referred to as the plaintiff-opposite party) is the owner of the disputed shop. According to him, it was constructed sometime in 1968 and the provision of U P. Act XIII of 1972 were not applicable to it. It was occupied by Dr. Suresh Chand (who will hereinafter be described as defendant-revisionist) on a monthly rent of Rs. 50.00 besides house tax and water tax. The defendant-revisionist fell in arrears of lent from 1.11.1975. The plaintiff-opposite party served a notice of demand and to quit but invain. Thereafter he filed a suit for ejectment of the defendant-revisionist from this shop and for the recovery of Rs. 500.00 as arrears of rent and taxes. Pendente lite and future damages were also claimed at the rate of Rs. 90.00 per month.

(3.) The defendant-revisionist contested that suit, inter alia, on the grounds that the shop was constructed before 1968 and the provisions of the said Act were applicable to it, that the notice to quit was invalid ; that he was always willing to pay rent to the plaintiff landlord but as himself refused to accept the same.