Hon'ble Prakash Krishna, J - (1.) THIS is defendants' revision under Section 25 of the Small Causes Court Act and is directed against the judgment and decree dated 19th September, 2003 passed by the District Judge, Bulandshahar in SCC Suit No. 8 of 2002 whereby the suit for recovery of Rs. 94,485/ - as arrears of rent and water tax upto the date of filing of the suit alongwith pendente lite and future damages for use and occupation and ejectment of the defendant -tenant, has been decreed. The aforesaid suit was filed for ejectment of the defendants from the disputed property described at the foot of the plaint, for recovery of arrears of rent, water tax and damages etc. on the allegations that the plaintiffs are the owners and landlords of the accommodation in question. It was leased out to the defendant on monthly rent of Rs. 2500/ - and water tax Rs. 250/ - per month. The defendants are in arrears of rent. The defendants did not pay outstanding amount despite of notice of demand. The tenancy has been determined by the notice dated 8th November, 2008. It was further pleaded that the provisions of U.P. Act No. 13 of 1972 are not applicable to the building in question.
(2.) THE suit was contested by the defendants by filing joint written statement by denying the plaint allegations. It was pleaded that the plaintiffs have accepted a sum of Rs. 35,000/ - towards arrears of rent after termination of tenancy and therefore, they have waived the notice. It was further pleaded that there is an arbitration clause between the parties and therefore, the suit is barred. On the basis of the pleadings of the parties, the following issues were struck. 1. Whether the notices issued by plaintiffs terminating the tenancy of the defendants are illegal and invalid? 2. Whether this Court has no jurisdiction to entertain and decide the suit? 3. Whether the suit is barred by the principle of estopple?
(3.) WHETHER the notices have waived due to payment of Rs. 35,000/ - towards rent by the defendants to the plaintiffs after the service of notices and acceptance of the said rent by the plaintiffs?;