LAKSHMI NARAYAN GUPTA Vs. SECRETARY, KHADI GRAMODYOG VIKAS MANDAL, BUDDHANPUR
HIGH COURT OF UTTARAKHAND (AT: NAINITAL)
Lakshmi Narayan Gupta
Secretary, Khadi Gramodyog Vikas Mandal, Buddhanpur
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(1.) Heard Sri Arvind Vashisth, learned counsel for the petitioner and Sri Sharad Sharma, learned Senior Advocate assisted by Sri Pradeep Chamyal, learned counsel for the respondent.
(2.) By means of this writ petition, the petitioner has sought a writ in the nature of certiorari quashing the judgment and order dated 13.10.2011 passed by District Judge, Haridwar in SCC Revision No.23 of 2010 Secretary Khadi Gramodyog Vikas Mandal vs. Lakshmi Narayan Gupta.
(3.) Relevant fact of the case are that S.C.C. suit was filed by the petitioner against the tenant/respondent stating that he is owner/landlord of a shop situated in Kankhal District Haridwar and this shop was given on rent to the respondent on payment of Rs.500/- per month and for this purpose an agreement was written on 30.9.1999 which was initially for a period of 11 months. Thereafter the rent was enhanced and at the time of filing of the suit the rent was Rs.605/- per month on that basis an arrear of rent of Rs.3630/- and arrear of water tax and house tax of Rs.625/-, a total amount of Rs.4,255/- was lying outstanding, which was not paid by respondent/defendant inspite of repeated requests. The disputed property was newly constructed whose first tax assessment was made in April 1992, hence, the provisions of U.P. Urban Buildings (Regulation of Letting, Rent and Eviction) Act, 1972 (for short, U.P. Act No.13 of 1972) do not apply in the said shop. As the landlord/petitioner was unable to continue the defendant as its tenant, hence, his tenancy was terminated vide a registered notice sent to the respondent/tenant on 16.07.2007, which was received by the respondent/tenant and was wrongly replied by him on 24.07.2007. Therefore, the suit was filed by the landlord/petitioner for eviction of the tenant/respondent and arrears of rent and mense profit.;
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