ANAND KUMAR Vs. HANSRAJ KAKKAR

JUDGEMENT

(1.) By means of this revision filed on 4.10.2016, the judgment and order dated 7.9.2016 passed by the Judge, Small Causes Court/Ist Additional District Judge, Udham Singh Nagar has been assailed whereby the suit was decreed for eviction and the tenant revisionist herein has been directed to pay the arrears of rent rent @ Rs. 600/- per month with effect from December 2006 till the institution of the suit on 26.3.2007 and thereafter the mesne profit at the same rate till the demised premises is actually vacated. In addition to, 6 per cent simple annual interest shall also be payable on the arrears of rent and mesne profit (if any).

(2.) The revisionist has challenged the impugned judgment firstly on the ground that the demised premises attracts the applicability of the U.P. Rent Control Act, 1972 because even before the tenant entered in such premises, it was under the tenancy of some other person.

(3.) This argument does not have any substance for the reason that it has been found proved by the learned Trial Court that the piece of land/plot, whereon three shops have been got constructed by the landlord Hansraj Kakkar, was purchased by him on 29.5.1985 by means of a registered sale deed from one Veer Singh. After purchase of plot, he began the construction on such plot and in 1986, the tenancy of Mr. Anand Kumar began which has been accepted by the revisionist himself. It is also proved because the first assessment of the shop, in question, in the municipality concerned was made on 1.4.1986 which was valid till 31.3.1991, i.e. for five years. After the period of first assessment was over, the name of the tenant could be recorded in the assessment of the municipality for the first time in 1991.