Vivek Kumar Birla, J. - (1.) Heard Shri D. V. Jaiswal, learned counsel for the petitioner. Present petition has been filed challenging the judgment and order dated 1.9.2016 passed by the Civil Judge (Senior Division)/Judge, Small Cause Court, Amroha and 13.10.2017 passed by the Additional District Judge/Fast Track (Ist) Amroha.
(2.) Scc suit was filed for rent and eviction by the landlord-respondent herein against the tenant on the ground that petitioner herein was tenant on the shop in dispute at the rate of Rs. 600/- per month. The tenant has committed default in making payment of rent w.e.f. 1.9.2000 and in spite of repeated demand, the same was not deposited. Ultimately, a notice dated 18.4.2011 was given to the tenant which was received by him on 19.4.2011, but still the rent was not deposited and therefore, the suit was instituted for rent and eviction claiming therein that since the arrears prior to 14.7.2008 are time barred and therefore, the amount of arrears is being claimed w.e.f. 13.7.2008.
(3.) The five issues were framed. On first issue, it was held that the rent was in arrear and there is a default in making the payment of the rent after the year 2000. The second issue was regarding validity of the notice and in view of the fact that the notice was admitted by the tenant in his cross examination, the same also decided in favour of the landlord. The third issue was framed as to whether the tenant was entitled for benefit of Section 20 (4) of the U. P. Act No. 13 of 1972.;