Decided on September 07,2012

Girwar Alias Ghanshyam Appellant
Vishwakarma Pracheen Mandir Samiti Respondents


B.S.VERMA, J. - (1.) BY means of this petition the petitioner has sought a writ in the nature of certiorari quashing the impugned order dated 25 -07 -20 12, passed by Second Additional District Judge, Haridwar, in SCC Revision No. 16 of 2010 Vishwakarma Pracheen Samti Vs. Girver @ Ghanshyam, whereby the revision was allowed and dismissed the SCC Suit of the plaintiff/respondent.
(2.) BRIEFLY stated the facts of the case giving rise to this writ petition, are that the petitioner is tenant of a residential accommodation at Satighat Vishwakarma Mandir Kankhal Haridwar at the rate of Rs. 200/ - per month. The plaintiff/respondent filed a suit against the petitioner/defendant for eviction and recovery of arrears of rent before the Judge SCC/Civil Judge (S.D.), Haridwar which was numbered as SCC Suit No. 16 of 2002. The suit has been filed with the assertion that the defendant/petitioner did not pay the rent and water tax and the house tax. The plaintiff sent registered notice U/S 106 of Transfer of Property Act, dated 28 -1 -2002 through its Advocate terminating the tenancy of the defendant. Reply of notice was sent by the defendant. As in the notice dated 28 -2 -2002, description of property was not mentioned, therefore subsequent registered notice dated 7 -3 -2002 was also sent to the defendant terminating his tenancy, but the defendant deliberately refused the acceptance of the notice and the same was returned back.
(3.) THE suit was contested by the petitioner -tenant and assertion made in the plaint have been denied. The service of subsequent notice dated 7 -3 -2002 was denied. It was further alleged in the W.S. that the plaintiff -institution is not a religious institution and its object is not religious and provision of U.P. Act No.13 of 1972 applies to the disputed property. The defendant/tenant further alleged that the rent of disputed property is not Rs. 200/ - per month and it is Rs. 100/ - per month. It was also alleged that there is no default on the part of tenant in payment of rent and the rent upto the month of January 2002, has been paid. On the basis of pleadings of parties learned Judge SCC has framed as many as seven issues in the suit. Issue No.5 was framed to the effect whether as per pleading in W.S. the notices dated 28 -1 -2002 and 7.3.2002 sent to defendant are illegal and invalid.;

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