S.U.Khan, J. - (1.) Heard learned Counsel for the parties.
(2.) This is tenant's writ petition arising out of suit instituted by landlord respondent No. 3 Subhash Chandra for possession of the tenanted accommodation and recovery c of arrears of rent against original tenant-petitioner Smt. Sulochana since deceased and survived by legal representatives. The suit was registered as S.C.C. Suit No. 129 of 1992 on the file of JSCC, Saharanpur. In the plaint it was stated that property in dispute was situate in village (Gogalhedi) hence provisions of U.P. Act No. 13 of 1972 were not applicable thereupon. The tenant pleaded that property in dispute was constructed over agricultural plot No. 122/2 situate in village Gogalhedi which was bhoomidhari land and no certificate under Section 143 of U.P.Z.A. & L.R. Act (regarding d change of user of the land) had been obtained hence property continued to be agricultural property and suit for eviction could be filed only before S.D.O. under Section 209 of the said Act hence JSCC had no jurisdiction to hear and decide the suit. Property in dispute is a house. Lekhpal of the area was examined by the plaintiff and he stated that at the time of inspection (partal) in relation to consolidation operation property in dispute was found to be abadi hence was kept out of consolidation operation.
(3.) Admittedly no ground for eviction under Section 20 of U.P. Act No. 13 of 1972 like default in payment of rent etc. was made out. No such ground was even alleged. JSCC, Saharanpur held that U.P. Act No. 13 of 1972 was not applicable to the building in dispute and that the suit was not barred by Section 209 read with Section 331 of U.P.Z.A. & L.R. Act. The suit for eviction and for recovery of arrears of rent amounting to Rs. 666.66 alongwith pendente lite and future rent/damages for use and occupation at the admitted rate of rent of Rs. 250/- per month, was decreed on 20.12.1993. If Against the judgment and decree dated 20.12.1993 original tenant-petitioner filed SCC revision No. 109 of 1993. Vlllth A.D.J., Court No. VII, Saharanpur through judgment and order dated 23.10.2000 dismissed the revision hence this writ petition.;