Sibghat Ullah Khan, J.— Heard Sri Vishesh Kumar Gupta, learned counsel for tenant applicant and Smt. Rama Goel Bansal, learned counsel for landlord respondent, who has appeared through caveat. This is tenant's civil revision directed against judgment and decree dated 19.07.2012 passed by J.S.C.C./ A.D.J. Court No.11, Moradabad decreeing S.C.C. Suit No.35 of 2011 which had been instituted by landlord respondent against tenant applicant for his eviction and recovery of arrears of rent. Property in dispute is a shop. Landlord asserted that the rate of rent was Rs.2200/- per month. However tenant asserted that rate of rent was Rs.500/- per month. Landlord further asserted that the shop had recently been constructed hence U.P. Act No.13 of 1972 was not applicable thereupon by virtue of its Section 2(2). In any case if the monthly rent of a building is more than Rs.2000/-, the Act does not apply in view of its Section 2(1)(g). It was also asserted by the landlord that rent since 01.09.2010 had not been paid. Notice was given to the tenant on 14.09.2011 terminating the tenancy and demanding the arrears of rent but of no avail. The tenant stated that shop in dispute had been taken on rent by him in July, 2005. The tenant also filed suit for injunction against the landlord in the form of O.S. No.224 of 2011. The tenant asserted that he had paid the rent. The fact that shop had been newly constructed and U.P. Act No.13 of 1972 was not applicable was not denied by the tenant. Accordingly, no issue/ point in that regard was framed by the court below. Under issue No.1, the trial court after examining the entire evidence on record held that rate of rent was Rs.2200/- per month. The assertion of the tenant that he had paid rent without receipt was disbelieved by the trial court. The tenant deposited the rent in a case under Section 30 of U.P. Act No.13 of 1972 being Misc. Case No.23 of 2012 before the Civil Judge, Junior Division, Moradabad at the rate of Rs.500/- per month. The said case had been instituted after filing of the eviction suit giving rise to the instant revision. Secondly, as U.P. Act No.13 of 1972 is not applicable to the building in dispute hence rent could not be deposited under Section 30 of the said Act. The said case had been instituted after filing of the eviction suit giving rise to the instant revision. Secondly, as U.P. Act No.13 of 1972 is not applicable to the building in dispute hence rent could not be deposited under Section 30 of the said Act. Learned counsel for the tenant applicant has strongly placed reliance upon an alleged notice dated 19.05.2011 copy of which is Annexure-1 to the affidavit filed in support of stay application and Annexure-2, a cheque issued by the tenant applicant in the name of the landlord. Court below after thorough examination found that the alleged notice dated 19.05.2011 demanding the rent at the rate of Rs.500/- per month was never given by the landlord and his signatures thereupon were forged. It was further held that the cheque dated 20.05.2011 was never deposited in the account of the landlord. The findings recorded by the court below are pure findings of fact recorded after taking into consideration the entire evidence on record. They do not suffer from any error of law. Accordingly, Civil Revision is dismissed. Tenant applicant is granted one year's time to vacate on the following conditions. 1. For this period of one year, which has been granted to the tenant-applicant to vacate, he is required to pay Rs.36,000/-( at the rate of Rs.3000/- per month) as rent/damages for use and occupation. This amount shall be deposited within six weeks before the J.S.C.C., Moradabad and shall immediately be paid to the landlord-respondent. 2. Within six weeks from today tenant-applicant shall file an undertaking before the J.S.C.C., Moradabad to the effect that within one year he will willingly vacate and handover possession of the property in dispute to the landlord-respondent. 3. Entire decreetal amount due till date is deposited within six weeks for immediate payment to the landlords. If within six weeks undertaking is not filed or decreetal amount and Rs.36,000/- are not deposited then from today till actual eviction tenant shall be liable to pay Rs.5000/- per month as rent/damages for use and occupation. Similarly if after filing undertaking and depositing the aforesaid amount of Rs.36,000/- property in dispute is not vacated within one year then since after one year till actual vacation tenant applicant shall be liable to pay rent/damages @ Rs.5000/- per month. Similarly if after filing undertaking and depositing the aforesaid amount of Rs.36,000/- property in dispute is not vacated within one year then since after one year till actual vacation tenant applicant shall be liable to pay rent/damages @ Rs.5000/- per month. It is needless to add that this direction of payment of Rs.5000/- per month is in addition to the right of the landlords to get the accommodation in dispute vacated through execution. _____________