Surya Prakash Kesarwani, J. - (1.) Heard Shri Ashish Kumar Dwivedi, Advocate, holding brief of Shri Vikas Tiwari, learned Counsel for the defendant/tenant-revisionist and Shri Ram Tiwari, learned Counsel for the plaintiff-opposite party. Briefly stated facts of the present case are that the opposite party No. 1 is, undisputedly, the owner and landlord of House No. 145, Dal Mandi, Sadar, Meerut, Cantt., in which the defendant -revisionist is the tenant from a very long time at the rate of Rs. 50/- per month was paid and as such the plaintiff/landlord-opposite party No. 1 filed a Case No. 38 of 1990 under section 21(8) of UP Act 13 of 1972 for enhancement of rent. By order dated 26.10.1999, the prescribed authority enhanced the rent to Rs. 1537/- per month with effect from 1.12.1999.
(2.) Aggrieved with this order, the plaintiff-landlord and the defendant-revisionist, both, filed Misc. Appeal No. 313 of 1991 and Misc. Appeal No. 334 of 1999, respectively, before the District Judge, Meerut, and both the appeals were dismissed by a common judgment dated 26.5.2006, which was challenged by the defendant-revisionist in Writ-A No. 40482 of 2006 (Church City Junior High School v. Shri Banarsi Das and another). The writ petition was dismissed by this Court by order dated 18.8.2015. The conditions of interim order dated 31.7.2006, passed by the Court in aforesaid writ, were not complied with and the arrears of rent @ Rs. 1537/- per month, was not deposited. It is admitted by learned Counsel for the defendant-revisionist that defendant-revisionist has not deposited the enhanced rent, so far.
(3.) Since, the enhanced rent, in terms of the order dated 26.10.1999, as affirmed by appellate order dated 26.5.2006, was not paid by the defendant-revisionist, therefore, plaintiff/landlord-respondent No. 1, issued a notice dated 12.7.2006 to the defendant-revisionist under section 106 of the Transfer of Property Act, 1882 (hereinafter referred to as the 'Act, 1882'). By the said notice, the tenancy was determined and arrears of rent were demanded.;