- (1.) THE present revision has been filed under Section 25 of the Provincial Small Causes Court Act against the judgment and decree dated 19th March, 2007 passed by Shri S.M. Haseeb, the Additional District Judge, Court No. 6, Kanpur Nagar in S.C.C. Suit No. 73 of 2005, whereby the suit filed by the plaintiff-applicant for recovery of arrears of rent and ejectment has been dismissed on the ground that the defendant tenant has deposited the arrears of rent on the first date of hearing and has waived the notice by accepting the rent.
(2.) THE background facts may be noticed in brief: The plaintiff-applicant instituted the aforesaid suit for recovery of arrears of rent and ejectment in respect of ground floor of premises No. 28, Industrial Estate Fazalganj, Kanpur Nagar as described in the plaint. It was pleaded that the defendant was a tenant on a monthly rent of Rs.5,500/- and as such the provisions of U.P. Act No. 13 of 1972 are not applicable and that the tenancy has been terminated by means of notice dated 30th April, 2005, served on 4th May, 2005. The suit was contested by the defendant on the ground that the tenancy has not been determined. He continues to be a legal tenant of the property in question and as such there is no question of grant any damages etc. The trial court has dismissed the suit on the ground that since the plaintiff landlord has accepted the rent upto 30th April, 2005 and he stated that the tenancy was upto February, 2005, therefore, there is relationship of the landlord and defendant-tenant between the parties. It was further found that the defendant-tenant has made the deposit of arrears of rent, in the court.
(3.) HEARD Shri S.K. Srivastava, learned counsel for the applicant. List revised. None is present on behalf of the defendant-opposite party. Contention of the learned counsel for the applicant is that in view of the admitted fact that the monthly rate of rent was Rs.5,500/-, the provisions of U.P. Act No. 13 of 1972 will not be applicable. Further submission is that mere acceptance of rent without any further action does not amount the waiver of the notice. Considered the above submissions of the learned counsel for the applicant and I find sufficient force therein.;