NEERAJ GUPTA Vs. SAVITA RANI

JUDGEMENT

(1.) Heard Sri P.K. Jain, learned senior counsel assisted by Sri Rahul Sahai for the petitioner and Sri Vinayak Mithal for the respondent.

(2.) By means of instant petition, the petitioner (herein after referred to as 'the tenant') has challenged the judgement and decree dated 23.7.2018 passed in SCC Suit No.19 of 2014 decreeing the suit for recovery of arrears of rent and for eviction as well as the judgement and decree dated 11.10.2018 passed by District Judge, Meerut in SCC Revision No.22 of 2018 dismissing the same.

(3.) The plaintiff-respondent (hereinafter referred to as 'the landlady') instituted the suit in question in the court of Small Causes alleging that the provisions of U.P. Act No.13 of 1972 were not applicable to the building in the tenancy of the petitioner, as it was assessed for the first time after 1985 and also for the reason that the rent thereof exceeded Rs.2000/-. It was further asserted that the tenancy was terminated by notice dated 3.2.2014 served upon the tenant on 8.2.2.2014 but since he failed to vacate and consequently the suit was instituted.