HARI SHANKER GUPTA Vs. SUDHIR NIRVAN

JUDGEMENT

(1.) THIS is a. plaintiff's revision under section 25 of the Provincial Small Causes Courts Act against the order dated 2-3-1987 passed by VIII Additional District Judge, Ghaziabad.

(2.) THE plaintiff's case was that he was the landlord of building no. 50, Ambedkar Marg, Ghaziabad. THE defendant was the tenant of one of the shops and the main building which was constructed in the year 1982-83. THE U. P. Act XIII of 1972 was not applicable. THE defendant did not pay the rent since 1-10-1985 hence after the service of the notice under section 106 of the Transfer of Property Act the suit for ejectment and for arrears of rent was filed.

(3.) ON the second question the court below has recorded a finding that the defendant has deposited Rs. 10,000/- as advance rent with the plaintiff. After adjusting this amount, there was no default. With this finding the suit has been dismissed.