S.U.Khan - (1.) -Heard learned counsel for the parties.
(2.) THE only point involved in this writ petition is regarding interpretation of the word 'building' used in Section 2 (1) (g) of U. P. Urban Buildings (Regulation of Letting, Rent and Eviction) Act, 1972, which is quoted below : "2. Exemptions from operation of Act.-(1) Nothing in this Act shall apply to the following, namely : (a) to (f) ......................... (not relevant). (g) any building, whose monthly rent exceeds two thousand rupees." The precise point involved and argued is as to whether the word 'building' used in the aforesaid clause means only the tenanted building or in case tenanted accommodation is part of a big building, then the word 'building' means the entire building of which tenanted accommodation is a part. Landlord-respondent No. 3, Ajay Kumar filed S.C.C. Suit No. 95 of 1998 against tenant petitioner for his eviction from the accommodation in dispute, which is a shop, rent of which is Rs. 400 per month. It was also stated that tenant had agreed to enhance the rent to Rs. 800 per month but he did not pay the enhanced rent w.e.f. June, 1998. Notice of termination of tenancy and demand of rent was given on 18.8.1998 in which it was stated that rent @ Rs. 800 per month had not been paid since 1.6.1998.
(3.) AS admittedly tenant was not defaulter for more than three months when notice was served, (as required by Section 20 (2) (a) of the Act) hence eviction decree could be passed only if it was held that the Act was not applicable to the building in dispute. Landlord's case was that he was owner landlord of the whole building containing several shops of which tenanted accommodation was a part and the rent of the whole building (all the shops) was more than Rs. 2,000 per month, hence aforesaid exemption clause was attracted. J.S.C.C., Varanasi decreed the suit for eviction holding that the aforesaid exemption clause was attracted. Arrears of rent w.e.f. 1.6.1998 @ Rs. 400 per month were also awarded through the said decree. Against the aforesaid judgment and decree, tenant petitioner filed S.C.C. Revision No. 54 of 1999, which was dismissed on 5.1.2000 by District Judge, Varanasi, hence this writ petition.;