Sibghat Ullah Khan, J. - (1.) -List revised. No one appears for the respondent. Heard Sri S. Mirza, learned counsel for tenant applicant.
(2.) This revision is directed against judgment and decree dated 05.08.2002 passed by J.S.C.C./ IX A.D.J., Lucknow in S.C.C. Suit No.31 of 1995. Defendant applicant was tenant of a building of which plaintiff opposite party was the landlord. The suit was filed for eviction and recovery of arrears of rent. According to the plaint allegations, rent was Rs. 7773/- per month including water tax/ charges. The suit was filed after insertion of Section 2(1)(g) in U.P. Act No.13 of 1972 providing that the Act does not apply to the building rent of which is more than Rs. 2000/- per month. Before filing of the suit, tenancy was terminated through notice dated 15.06.1995. In the notice, it was also mentioned that in case tenanted building was not vacated on the expiry of the period of notice, damages for use and occupation would be payable at the rate of Rs. 50,900/- per month. These damages were calculated at the rate of Rs. 10/- per square feet per month of the covered area. The damages at the said rate were claimed in the plaint w.e.f. 21.07.1995 when period of notice expired. Tenancy started in the year 1979 for a fix period. It was extended from time to time. The last extension was for five years w.e.f. 01.10.1989. However, after 30.09.1994 lease was not extended.
(3.) The tenant filed written statement stating that the rent had been attached by the A.D.M., hence it was being deposited before the A.D.M. Liability to pay damages at the rate of Rs. 50,900/- per month was denied. The rate of rent of Rs. 7773/- per month was not denied but it was asserted that out of the said amount, the rent was Rs. 6730/- per month and the remaining amount was of water tax/ charges. During pendency of the suit, the building was vacated on 31.03.2001. Through the impugned decree, it was directed that tenant applicant should pay damages at the rate of Rs. 10/- per square feet per month (Rs.50900/- per month) from 21.07.1995 till 31.03.2001.;