- (1.) HEARD learned Counsel for the petitioner.
(2.) THIS writ petition arises out of a suit for eviction filed by the landlord against the tenant-petitioner. In the plaint, plaintiff was described as "sanatan Dharam Inter college, Sadar Meerut Cantt. through Secretary Manager Sri Krishna Gopal son of Indra Kumar". The suit was registered as S. C. C. Suit No. 36 of 2003. Property in dispute consists of three rooms (or one room having three khans/portions), rent of which is Rs. 30/- per month. In the plaint it was stated that as the house in dispute belongs to a recognized educational institution, hence U. P. Act No. 13 of 1972 is not applicable thereupon. It was also stated that the tenancy was terminated through notice dated 26. 12. 2002. Notice was sent through ordinary post under postal certificate and through registered post. Notice sent through registered post was returned by the postman with the endorsement dated 3. 1. 2003 to the effect that defendant did not meet him. However, meanwhile rent sent by the tenant was accepted by the landlord, hence another notice terminating his tenancy was sent on 8. 3. 2003 under certificate of posting as well as by registered post which was again returned by the postman with the endorsement dated 17. 3. 2003 to the effect that defendant did not meet him. The J. S. C. C. held that U. P. Act No. 13 of 1972 was not applicable to the building in dispute and tenancy stood terminated. Ultimately the suit for eviction was decreed by the J. S. C. C. Meerut on 10. 4. 2006. Pendentelite and future rent/damages for use and occupation were also decreed from 1. 3. 2003 till actual vacation.
(3.) AGAINST the said judgment and decree S. C. C. Revision No. 46 of 2006 was filed which was dismissed by A. D. J. Court No. 11, Meerut on 21. 8. 2007, hence this writ petition.;