LAWS(ALL)-1979-2-77

SMT. RADHA DEVI Vs. NAGAR MAHAPALIKA, VARANASI

Decided On February 06, 1979
SMT. RADHA DEVI Appellant
V/S
Nagar Mahapalika, Varanasi Respondents

JUDGEMENT

(1.) The plaintiff appellant is the owner and landlord of premises No. B-22/296, Mohalla Khojawa, Varanasi City. The said premises were constructed after Jan. 1, 1951 ana, as such, the provisions of the U. P. (Temporary) Control of Rent and Eviction Act. 1947 did not apply to it.

(2.) According to the plaintiffs case the Nagar Mahapalika Varanasi was the tenant of the accommodation in question and was running a Girls primary School therein. The School is known as "Khojawa Basic Primary School for Girls." The plaintiff filed suit No. 19 of 1970 in the court of the City Munsif for the ejectment of the defendant from the accommodation in question, but that suit was dismissed on the ground that no notice under Sec. 571 of the Nagar Mahapalika Adhiniyam had been served on the defendant Nagar Mahapalika. After the dismissal of the aforesaid suit, the plaintiff served the defendant with a composite notice under Sec. 106 of the T. P. Act terminating the defendants tenancy read with Sec. 571 of the Nagar Mahapalika Adhiniyam, calling upon the defendant to vacate the house in dispute within thirty days of the service of the Notice. The aforesaid notice was dated 17-3-1971 and it was served on the defendant on 19-3-1971. According to the plaintiff the defendant, despite the service of the notice did not vacate the premises in dispute and, from 19-3-1971 defendants possession became that of a trespasser.

(3.) After the expiry of the period of notice the plaintiff filed the present suit for ejectment. The plaintiff also claimed rent from the 1st of April, 1971 to 18th April, 1971 calculated at the rate of Rs. 75/- per month and also mesne profits since after that date for use and occupation of the premises.