JAGTAR SINGH CHOPRA Vs. TIRLOK CHAND

JUDGEMENT

(1.) This revision is directed against the judgment and decree dated 16th May, 1981 passed by the then IVth Addl. District Judge. Lucknow in S.C.C. Suit No. 8 of 1980, in exercise of the powers of Judge. Small Causes Court.

(2.) It appears that the revisionist was a tenant of the ground floor portion of a house situate at 2 Sarvpalli, Mall Avenue, Lucknow. The landlord-opposite party filed a suit for ejectment on the ground of default In making payment of rent and he also prayed for the amount of outstanding rent, water tax, drainage tax and damages for use and occupation. The revisionist claimed that he was not under an obligation to pay the water and drainage taxes and that he had offered the rent in the month of November, 1979 which was refused by the landlord, that the revisionist claimed that he had deposited a sum of Rs. 2.240 as house tax which he was entitled to adjust, and that he was also entitled to the benefit of Section 20 sub-section (4) and he had made compliance thereof by depositing the rent and costs. He also claimed that no notice was served on him.

(3.) Both the parties adduced evidence oral and documentary. The learned trial court came to the conclusion that the notice of demand and termination of tenancy was served on the defendant who failed to pay the arrears of rent. The trial court also came to the conclusion that full compliance of Section 20 (4) of U. P. Act No. XIII of 1972 was not made. and. therefore, the tenant was not entitled to the protection of the said section. The learned trial court also came to the conclusion that the tenant was liable to pay the water tax. The suit was, therefore, decreed for ejectment and also for recovery of arrears of rent, water tax and damages including the pendente lite and future damages.