SANGEETA CHANDRA,J. - (1.) Heard Sri P.K. Jain, learned Senior Advocate assisted by Sri Abu Bakht appearing for the petitioner / tenant and Sri Anupam Kumar for the respondent no. 1.
(2.) Learned counsel for the petitioner / tenant has pointed out that the building in question which is a godown is situated in a residential property bearing no. 515(1)/5 ad-measuring 120 square meters at Mohalla Ahata, Anandpuram, District Hapur. The actual measurement of the godown in dispute in possession of the petitioner / tenant is 60 square metres. The petitioner / tenant had taken the aforesaid property on rent from its erstwhile owners at Rs. 198/- per month along with water tax.
(3.) The landlord / respondent no. 1 had bought the property through a sale deed from the erstwhile owner on 15.4.2006. In the sale deed, the said property was mentioned as residential being 200 metres away from the main road and stamp duty was paid thereon treating it to be for residential purpose.;