- (1.) HEARD Sri Ravi Kiran Jain, Senior Advocate for the petitioner and Sri Pankaj Agrawal, learned counsel for the respondent.
(2.) PETITIONER is a tenant of shop No.13/91 Mama -Bhanja, Aligarh and respondent is the owner -landlord of the same.
(3.) THE respondent after determining the tenancy of the petitioner vide notice dated 18.11.2006 under Section 106 of the Transfer of Properties Act, 1882 instituted SCC Suit No.2 of 2007 for eviction of the petitioner alleging that the shop for the first time was assessed by the Nagar Nigam, Aligarh w.e.f. 1.2.1987 and, as such, the provisions of the U.P. Act No.13 of 1972 are not applicable to it. The suit was contested by filing written statement admitting tenancy, relationship of land -lord and tenant and rate of rent etc. but denying the applicability of the Act on the ground that it was assessed for the first time w.e.f. 1.1.1983. The petitioner accordingly claimed the benefit of Section 20(4) of the Act as he had deposited the entire arrears of rent etc. amounting to Rs.28,000/ - on or before the first date of hearing. The suit was decreed on 7.6.2010 holding that the building was assessed to tax for the first time w.e.f. 1.2.1987 and, therefore, the Act is not applicable. Thus, the petitioner was denied benefit of Section 20(4) of the Act and the suit for eviction was decreed. The aforesaid decree has been upheld by the revisional court vide judgment and order dated 5.5.2011 dismissing the revision preferred by the petitioner under Section 25 of the Provincial Small Cause Court Act, 1883.;