MOTILAL GUPTA Vs. NIYAD RAM

JUDGEMENT

(1.) APPLICANT Moti Lal Gupta feeling aggrieved against the judgment and order dated 20th February, 1989, passed by Sri U.C. Saxena, IX Addl. District and Sessions Judge. Moradabad, in S.C.C. Suit No. 55 of 1985 decreeing the suit for eviction and recovery of rent and damages etc. has preferred this revision. The facts in brief are that the applicant was a tenant on the second floor of the plaintiff's (Niyad Ram's) house No. 277, Mohalla Baradari, District Moradabad @ Rs. 180/ - per month. It was alleged on behalf of the plaintiff -opp. party that the rent was not paid by the defendant -applicant from 1 -4 -84 to 31 -12 -85.

(2.) IT was also alleged by the plaintiff that the building have been constructed some time in the year 1979 and as such the provisions of Act No. 13 of 1972 were not applicable. A notice terminating the tenancy and recovery of arrears of rent was sent within the provisions of Section 106 of the Transfer of Property Act. It was served on the defendant. On the failure of the defendant -applicant to comply with the requirements of the notice the suit was filed.

(3.) ON the pleadings of the parties and the evidence so adduced in support thereof, the trial court vide judgment and order dated 20 -2 -89, decreed the suit.