M.L.Bhat - (1.) - The trial court of XI Additional District Judge, Kanpur has directed the eviction of the applicant from the suit premises and has also asked him to pay the arrears of rent by the impugned judgment and decree dated 26-11-1983. During the pendency of this revision petition the original tenant died and his legal representatives were brought on record vide order dated 5-7-1989.
(2.) THE learned counsel appearing for the applicant raised the following points before the Court. In the first place he submitted that the rate of rent per month was Rs. 110/- and not Rs. 160/-, as determined by the court below. The court below in this regard, according to the learned counsel, has ignored the material evidence which is in the form of a document of assessment by the Nagar Mahapalika. In the second place, it was contended that the tenancy of the applicant has not been determine i in accordance with law and the notice to quit under Section 106 of the Transfer of Property Act is bad, therefore, no ejectment proceedings would lie on the basis of invalid notice. The learned counsel has not pressed the ground of challenge on the basis of Section 39 of U. P. Act No, 13 of 1972. Therefore, the fate of this revision would depend on the question of rate of rent per month being Rs. 110/- and not Rs. 160/- and the notice to quit being invalid. I have heard the learned counsel for the parties at some length.
(3.) THE court below has tried the suit under the U. P. Urban Buildings (Regulation of Letting, Rent and Eviction) Act, 1972 (U. P. Act No. 13 of 1972), hereinafter referred to as 'the 1972 Act'. Section 20 of the said Act makes it possible for a landlord to evict the tenant from a building. A suit for eviction of a tenant from a building after determination of his tenancy can be instituted on a number of grounds envisaged in the said section. One of the grounds for eviction is that the tenant is in arrears of rent for not less than four months and has failed to pay the same to the landlord within one month from the date of service upon him of a notice of demand. Sub-section (4) of Section 20 of the 1972 Act provides that if at the first hearing of the suit the tenant unconditionally pays (or tenders to the landlord or deposits in Court) the entire amount of rent and damages for use and occupation of the building due from him together with interest thereon at the rate of 9% per annum and the landlord's costs of the suit in respect thereof, after deducting therefrom any amount already deposited by the tenant under sub-section (1) of Section 30, the Court can relieve the tenant from being evicted from such premises.;