Pramod Kumar Srivastava, J. - (1.) Heard learned counsel for the parties on admission of second appeal and perused the record.
(2.) Original Suit No. 10/2008 (Dinesh Chandra Khare v. Smt. Sakeena and others) was filed for ejectment and recovery of arrears of rent. The plaint case in brief was that plaintiff is owner of open landed property in dispute, over which the defendants were inducted as tenant. In spite of reminders of payment of rent the defendants had not paid the same, then plaintiffs had served legal notice on defendants by which their tenancy was terminated. In spite of services of notices the defendants had not answered the same and had not vacated the land, then plaintiffs had filed suit for their ejectment from the disputed land and for recovery of arrears of rent.
(3.) The defendants had denied the plaint averments in their written statements and pleaded inter-alia, that there are tin shed rooms over disputed land which were not shown in tenanted portion of defendant in the plaint. The defendant had offered rent to plaintiffs but they had not received, so the said rent was deposited to the court, which may be withdrawn by the plaintiffs. The disputed property comes under the purview of U.P. Act No. 13 of 1972, therefore suit is not maintainable and is liable to be dismissed.;