ABHINAVA UPADHYA,J. - (1.) BY means of this revision application the applicant has challenged the order of the court below dated 11.8.2011 by which during the stage of final hearing, it allowed the plaintiffs to prove a document which was in the nature of notice dated 20.12.2006.
(2.) THE applicant -revisionist is a tenant of premises no. 111/A/419, Ashok Nagar, Kanpur Nagar. Admittedly, the plaintiffs -respondents are the landlord of the premises and they filed a suit for ejectment and arrears of rent being SCC Suit No. 04 of 2007 before the court below. There is no dispute between the parties that Act No. 13 of Uttar Pradesh Urban Buildings (Regulation of Letting, Rent and Eviction) Act, 1972 (in short the Act No. 13 of 1972) is not applicable.
(3.) IN the plaint it was alleged that the notice dated 20.12.2006 has been issued and, therefore, provisions of Section 106 of the Transfer of Property Act, 1882 (in short the T.P.Act) have been complied with. Since the plaintiffs -respondents rely upon the said notice, they have entered in list of document supplied and presented to the court along with the plaint in compliance of Order VII Rule 14 of CPC, the matter was proceeded with. Written statement etc. were filed in the aforesaid suit and the matter was at the stage of final hearing.;