Siddharth, J. - (1.) Heard Sri Gulrez Khan, learned Counsel for the petitioner and Sri Anuj Agrawal, learned Counsel for the respondents.
(2.) The petitioner has filed the above noted writ petition praying for the quashing of the Judgment and Decree dated 31.03.2011, passed by Civil Judge (Senior Division), Chitrakoot in SCC Suit No.05 of 2008 and the revisional order dated 28.05.2012, passed by Additional District Judge, Court No.2, Chitrakoot in SCC Revision No.01 of 2011.
(3.) The brief facts of the case are that the petitioner is tenant of a shop belonging to a private religious Institution, Thakur Ram Janki Ji Virajman Mandir, situated at Bazar Basarbahi, Qasba Manikpur, Tehsil Karvi, Post Manikpur, District Chitrakoot. After service of notice under Section 106 of Transfer of Property Act, read with Section 20(2) of U.P. Act No.13 of 1972 alleging arrears of rent and material alteration in shop in dispute, SCC Suit No.05 of 2008 was instituted by the respondent against the petitioner. The petitioner deposited the admitted rent under Section 20(4) of the U.P.Act No.13 of 1972 and the aforesaid amount was withdrawn bythe respondents. After exchange of pleadings the following issues were framed bythe Trial Court in the Suit, i).Whether the notice under Section 20(2) of the U.P.Act No.13 of 1972 sent by the plaintiff was served upon the defendant? If yes, then its effect? ii).Whether the defendant made default in the payment of rent ?. iii).Whether the defendant made material alteration in the disputed shop, which diminished its value and use of the same? iv).Whether the defendant is entitled to benefits as per Section 20(4) of the U.P.Act No.13 of 1972? v).To what Relief, if any the plaintiff is entitled?;