Sibghat Ullah Khan, J. Heard Sri P.K. Jain, learned senior counsel assisted by Sri Abu Bakht, learned counsel for the tenant applicant and Sri K.N. Mishra, learned counsel holding brief of Sri Pawan Kumar Srivastava, learned counsel for landlord respondent. This is tenant's revision directed against judgment and decree dated 30.04.2013 passed by J.S.C.C./A.D.J., Court No.4, Ghaziabad in S.C.C. Suit No.63 of 2007, Ajay Kumar Mishra Vs. Subhash Chand Tyagi. Through the impugned decree, suit of the landlord plaintiff respondent for eviction of tenant defendant applicant from the tenanted accommodation has been decreed. It has further been directed through the said decree that arrears of rent with effect from 19.03.2007 to 18.12.2007 amounting to Rs.24,300/- along with interest at the rate of 9% per annum shall be paid by the defendant. Defendant has further been directed to pay damages for use and occupation from 16.12.2007 ( or 19.12.2007) till delivery of possession at the rate of Rs.4000/- per month along with 9% per annum interest. Undisputed rate of rent is Rs.2700/- per month. Accordingly, U.P. Urban Buildings ( Regulation of Letting, Rent and Eviction) Act, 1972 ( U.P. Act No.13 of 1972) does not apply to the tenanted building in dispute. Property in dispute is a flat at Shalimar Garden, Shahibabad, District Ghaziabad. The main point argued before the court below as well as repeated before this court was regarding validity of the notice of termination of tenancy. Copy of notice is Annexure-1 to the affidavit filed in support of stay application in this revision. The notice was given by the counsel of the plaintiff respondent landlord. In clause-7 of the notice, it is stated that defendant is defaulter in payment of rent due to which landlord does not want to keep the defendant as tenant in the flat in question. In the end after clause-9, it is mentioned in the notice that through this notice under Section 106, Transfer of Property Act, it is directed that within 30 days from the receipt of the notice rent from 19.03.2007 to 19.10.2007 shall be paid and the rent till the date of vacation of the house must be paid and possession must be delivered to the landlord otherwise after expiry of period of notice suit for eviction and recovery of rent will be filed before the competent court.
By reading clause-7 and the last paragraph of the notice, it is quite clear that landlord sufficiently put the tenant on notice that he did not want to keep him as tenant and notice of 30 days was being given and within 30 days rent must be paid and house must be vacated. In Addul Jalil Vs. Haji Addul Jalil, AIR 1974 All. 402 , six types of notices were considered by the Division ( para-10). Notice No.C is quoted below: "I do not want to keep you as my tenant. You are therefore given this notice and required to vacate the premises on the expiry of thirty days from the date of service of this notice on you." In para-14 such type of notice was held to be valid. In the notice in question, reference to Section 106, T.P. Act has also been made. The only fault which may be found with the notice is that it requires to pay the rent and deliver possession within 30 days. However after the amendment of Section 106, T.P. Act w.e.f. 2003 even if the period is short, notice does not become invalid. The next point, which has been argued by learned counsel for tenant applicant is that the suit was filed premature on 19.12.2007. Notice was served on 19.11.2007. Even if for the sake of argument, it is assumed that suit was premature by one day, it will not make any difference as the Supreme Court in Vithalbhai Pvt. Ltd. v. Union Bank of India, AIR 2005 SC 1891 has held that if during pendency of the suit, the suit becomes mature it may not be dismissed on the ground of being premature. In the said case also, suit had been filed before expiry of period of lease. The third point is regarding the interest which has been directed to be paid on the unpaid rent. This argument is accepted. The last argument is that damages at the rate of Rs.4000/- per month have wrongly been directed to be paid w.e.f. 16 ( or 19) December, 2007 and by maximum rent at the rate of Rs.4000/- per month could be directed to be paid w.e.f. 19.01.2013. In this regard, reference has been made to earlier judgment of this court, which was given in a writ petition arising out of an interim order passed in the suit.
In this regard, reference has been made to earlier judgment of this court, which was given in a writ petition arising out of an interim order passed in the suit. The judgment was delivered on 17.12.2012 in Civil Revision No.684 of 2012, copy of which is Annexure-6 to the writ petition. The matter was remanded to the trial court. In the last but one paragraph, it was directed that tenant applicant should deposit the rent/damages at the rate of Rs.4000/- commencing from the month of January, 2013. Accordingly, findings recorded by the court below that notice is valid are approved. The argument that suit was premature hence it should have been dismissed is not accepted on the ground that even if the suit was premature by one day it became mature during pendency of the suit. However, the impugned decree in respect of damages for use and occupation and interest is varied. It is directed that damages at the rate of Rs.4000/- per month shall be payable from 16th January, 2013 and not w.e.f. 16th December, 2007. The interest awarded on the arrears of rent and the damages from January, 2008 onward through the impugned decree is set aside. Revision is accordingly disposed of. Tenant applicant is granted six months time to vacate on the following conditions. 1. For this period of six months, which has been granted to the tenant-applicant to vacate, he is required to pay Rs.30,000/-( at the rate of Rs.5,000/- per month) as rent/damages for use and occupation. This amount shall be deposited within two months before the J.S.C.C., Ghaziabad and shall immediately be paid to the landlord respondent. 2. Within two months from today tenant-applicant shall file an undertaking before the J.S.C.C., Ghaziabad to the effect that within six months from the date of this judgment, he will willingly vacate and handover possession of the property in dispute to the landlord respondent. 3. Within two months from today tenant-applicant shall deposit entire arrears of rent due till date before the J.S.C.C. for immediate payment to the landlord ( after adjusting any amount already deposited in the court below). 4. If within two months undertaking is not filed or the decreetal amount and amount of Rs.30,000/- is not deposited then from today till actual eviction tenant shall be liable to pay Rs.7500/- per month as rent/damages for use and occupation. 5.
4. If within two months undertaking is not filed or the decreetal amount and amount of Rs.30,000/- is not deposited then from today till actual eviction tenant shall be liable to pay Rs.7500/- per month as rent/damages for use and occupation. 5. Similarly if after filing undertaking and depositing the decreetal amount and aforesaid amount of Rs.30,000/- property in dispute is not vacated within six months then since after six months till actual vacation tenant applicant shall be liable to pay rent/damages @ Rs.7500/- per month. It is needless to add that this direction of payment of Rs.7500/- per month is in addition to the right of the landlord to file contempt petition and to get the accommodation in dispute vacated through execution.