V.K. Khanna, J. - (1.) This is a defendant's revision under Section 25 of the Provincial Small Cause Courts Act against the decision of the Judge. Small Causes Court, Saharanpur decreeing the plaintiffs suit for ejectment of the applicants from the premises in dispute and also for recovery of rent and damages for use and occupation of accommodation in dispute.
(2.) Late Shriyans Prasad Jain had filed the suit giving rise to this revision against the defendants on the ground that he is the landlord-owner of the property in dispute and the defendants were tenants on a monthly rent of Rs. 1,000 besides the Municipal taxes of Rs. 175 per month which are to be paid in addition to the rent. According to the plaintiff the provisions of U.P. Act No. 13 of 1972 were not applicable to the property in dispute. The tenancy of the defendants was terminated under Section 106 of the Transfer of Property Act by giving a notice dated 1-8-1979 but despite service of notice the defendants failed to comply with the same and thus the suit was filed:
(3.) The aforesaid suit was contested by the defendants, Food Corporation of India on the ground that the provisions of U.P. Act No. 13 of 1972 were applicable and that the notice served on the defendants was illegal and the suit was barred by the provisions of Section 80 C.P.C.;