RAVI S.DHAVAN, J. - (1.) THIS revision is directed against the order and decree dated 8 August, 1983 passed by the Special Judge (E.C. Act), Etawah, dismissing the S.C.C. Suit No. 2 of 1982; Seth Vishnu Das v. State of U.P. and another.
(2.) THE Court has heard the arguments of learned counsel for the petitioner and has perused the record of the revision. No one has appeared on behalf of the State of U.P. and the Commandant, 28th Battalion, Provincial Armed Constabulary, Etawah. The facts are brief. The building in construction was completed in 1977. The Commandant, 28th Battalion, Provincial Armed Constabulary, Etawah took it on lease and was put into possession of the building by the landlord Seth Vishnu Das. At some stage there was default in the payment of rent with the result that the landlord served notice under Section 106 of the Transfer of Property Act. The notice was not responded to and the arrears in default were not tendered. Thus, the landlord filed the aforesaid suit. On the exchange of pleadings, the following issues were framed :- 1. Whether the building in dispute is governed by U.P. Act No. 13 of 1972? 2. Whether there was valid agreement of lease ? 3. Whether there was an agreement that the defendants would continue to be tenants as long as they needed the accommodation ? 4. Whether the defendant No. 2 is a juristic person ? 5. Whether the defendants' tenancy has been duly terminated ? 6. Whether the defendants committed any default in payment of rent ?
(3.) THE trial court answered all the issues in favour of the landlord plaintiff except issue Nos. 4 and 5.;