KUMAR BIRLA,J. - (1.) Heard Mrs. Rama Goel Bansal, learned counsel for the defendant-petitioner and Sri K.M. Garg, learned counsel appearing for the plaintiff-respondent no. 3.
(2.) Present petition has been filed for setting aside the order dated 5.4.2018 passed by the District Judge, Bijnor as well as order dated 27.9.2017 passed by JSCC, Bijnor in JSCC Suit No. 24 of 2013.
(3.) Shorn of details the relevant facts are that the suit was filed by the plaintiff-respondent no. 3 (landlord) against the defendant-petitioner (tenant) on the grounds that the petitioner is tenant in the shop from 5.8.2005 @ rent payable Rs. 550/-; he is not paying rent since the very beginning; a registered notice dated 6.5.2013 was given to the defendant-petitioner, which was duly received and replied by him vide reply dated 25.5.2013; and the shop in dispute was constructed in the year 1996, therefore, the provisions of the U.P. Act 13 of 1972 (hereinafter referred to as the Act) are not applicable in the present case. The suit was contested by the defendant-petitioner on the grounds that the shop is an old construction and was constructed in the year 1982; he is tenant in the shop since 8.9.1988 from the period of the earlier owner of the shop late Ram Pal Singh; previously one cycle mechanic was also tenant in the shop in question and as such the provisions of the Act are applicable in the present case.;