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2011 DIGILAW 2955 (ALL)

Ram Kumar Gupta v. Usha Gupta

2011-12-22

PRAKASH KRISHNA

body2011
Hon'ble Prakash Krishna,J.:- Challenging the order dated 29.9.2011 passed by the Additional District Judge/Special Judge, E.C. Act exercising power of small cause court in S.C.C. Suit No. 38 of 2007 whereby suit for recovery of arrears of rent, damages and ejectment has been decreed, the present revision under Section 25 of the Provincial Small Cause Courts Act has been filed. Heard the learned counsel for the parties. The suit was instituted for recovery of arrears of rent and damages in respect of two shops situate in building no. 1/3, Mohalla Dori Nagar, Tehsil Koil, district Aligarh, on the allegations that the defendant is tenant of two shops on monthly rent of Rs.600/- for each shop and that the provisions of U.P. Act No. 13 of 1972 are not applicable. The suit was contested on various pleas including that Provisions of U.P. Act No. 13 of 1972 are applicable. The suit has been decreed on the finding that the Provisions of U.P. Act No. 13 of 1972 are not applicable to the building in question. The said finding is based on the first assessment of the building which is relevant consideration as provided for under Section 2(2) Explanation of the said Act. Learned counsel for the tenant could not point out any error therein. Then he urged that the notice was not served on the defendant tenant. However, no such plea was put forward before the court below as no issue was framed. It was pointed out that postal certificate showing the service of notice was filed by the landlord. No contrary evidence has been filed by the tenant. In this view of the matter, service of notice terminating the tenancy on the defendant-tenant is held valid. Any other point was not pressed. I do not find any merit in the present revision. The revision is therefore, dismissed. At the end, learned counsel for the defendant-tenant prayed that some reasonable time be given to vacate the disputed accommodation to which learned counsel for the applicant has no objection. The defendant-tenant is granted time to vacate the disputed accommodations upto 30th June, 2012 subject to the following conditions: (1) The defendant-tenant shall deposit the entire arrears of rents and damages after adjusting the amount, if any, already deposited for the period upto 30th June, 2012 within a period of one month from today before trial court. The defendant-tenant is granted time to vacate the disputed accommodations upto 30th June, 2012 subject to the following conditions: (1) The defendant-tenant shall deposit the entire arrears of rents and damages after adjusting the amount, if any, already deposited for the period upto 30th June, 2012 within a period of one month from today before trial court. (2) Within the aforesaid period, the defendant-tenant shall file an undertaking on affidavit before the trial court that he will vacate the disputed accommodations on or before 30th June, 2012 and shall hand over its peaceful vacant possession to the plaintiff-landlord without creating any third party interest. In case of default in compliance of any of the conditions stipulated above, the time granted shall stand vacated automatically.