- (1.) THIS writ petition has been filed by the plaintiff-landlord for setting aside the order dated 17th May, 1999 passed by the learned 1st additional District Judge, Bareilly by which the Revision filed by the tenant under section 25 of the Provincial Small Cause Courts Act, 1887 for setting aside the order passed by the Judge, Small Causes Courts striking off the defence under Order XV, Rule 5 of the Code of Civil Procedure, 1908 (hereinafter referred to as 'cpc), was allowed.
(2.) THE facts as they emerge from the records of the writ petition indicate that after the tenancy of the defendant was determined and a demand was made for payment of arrears of rent by the notice sent under section 106 of the transfer of Property Act, the petitioner-landlord filed SCC Suit No. 101 of 1996 for ejectment and recovery of arrears of rent. It was asserted in the plaint that the defendant was a monthly tenant of Rs. 200/- of the shop of which the plaintiff was the landlord; that the rent was not paid by the defendant w. e. f. 1st August, 1995 in spite of several demands; that the notice dated 7th August, 1996 under section 106 of the Transfer of Property Act was served upon the defendant on 8th August, 1996 but since the premises were neither vacated nor arrears of rent were paid, the suit was filed.
(3.) THE tenant filed a written statement mentioning therein that the defendant was given the shop on monthly rent of Rs. 100/- in 1982; that the provisions of the U. P. Urban Buildings (Regulation of Letting, Rent and Eviction)Act, 1972 (hereinafter referred to as the 'act') were applicable to the building in dispute as it was old construction and that there was no relationship of landlord and tenant since the shop had not been allotted to the defendant by the rent Control and Eviction Officer under section 16 of the Act.;