A.K.Yog, J. - (1.) Heard learned Counsel for the petitioner and Sri D.K. Srivastava, Advocate (who had filed caveat application) on behalf of the Ram Bharosey Lal respondent No. 3.
(2.) Ram Bharosey Lal filed suit before the Court of Judge, Small Causes Court against Brij Behari Lal Budholiya that notice under Section 106, Transfer of Properties Act was served as required under laws on the ground that tenant had committed default in making payment of rent from May, 1997 till April, 1998. Plaintiff claimed that arrears of rent were not paid in spite of notice. Tenancy was determined as required under law by means of the said notice (Annexure No. 1 to the writ petition). Plaintiff filed JSCC Suit No. 7 of 1998 contending that rent was not paid w.e.f. J.5.1987 and notice was given for claiming arrears of rent under Section 106, Transfer of Properties Act as tenant continued to commit default in payment of arrears of rent and also he was in possession of the accommodation in question (residential accommodation at the rate Rs. 30/- per month). Plaintiff also claimed past rent, damages and future rent at the Rs. 120/- per month.
(3.) Defendant filed written statement (Annexure 3 to the writ petition). Defendant did not plead that plaintiff had failed to plea necessary ingredients contemplated under Section 20 (2) of U.P.Act No. XIII of 1972 (called the Act) i.e., rent for not less than four months' was snot categorically pleaded and stated in the plaint. Defendant took no objection on this score nor he pleaded that damages could not be claimed at the rate of Rs. 120/- per month.;