R.H.Zaidi, J. - (1.) This is defendant's revision under Section 25 of the Provincial Small Cause Court Act. which arose out of S.C.C. Suit No. 20 of 1995 and is directed against the Judgment and decree passed by Small Cause Court, Lucknow dated 27th April, 1996.
(2.) Plaintiff respondent filed the said suit for ejectment of the applicant from the building in question and for recovery of rent and damages pleading that she was the owner and landlady of building No. A-3 Niralanagar, Lucknow, for short building in dispute, that the provisions of U. P. Act No. 13 of 1972. for short the Act. had no application to the said building, that a notice of termination of tenancy under Section 106 of the Transfer of Property Act dated 19.6.95 was served upon the defendant-applicant terminating its tenancy which was served upon the defendant-applicant on 24.6.95, that by means of said notice the defend ant-applicant was called upon to vacate the building and to deliver possession to the plaintiff respondent on 1.8.95. In spite of service of notice, the defend ant-applicant did not vacate the building in dispute and continued in possession of the same, therefore, the defendant was liable to pay damages with effect from 1.8.95 at the rate of Rs. 20,000 per month.
(3.) Defendant-applicant filed written statement admitting the relationship of landlord and tenant between the parties and the rate of rent as claimed by the plaintiff-respondent. It was, however, pleaded that the provisions of the Act were applicable to the building in dispute, that the notice dated 19.8.95 was Illegal which did not terminate the tenancy of the defendant, that Supreme Court fixed rate of rent at Rs. 8.000 per month in Civil Appeal No. 3919 of 1994 decided on 25.4.94, therefore, the plaintiff-respondent cannot claim damages more than the rent fixed by the Supreme Court, that the notice of termination of tenancy stood waived as rent after termination of tenancy was accepted by the plaintiff-respondent for the period 19.7.95 to 31.7.95 and the suit was not legally maintainable and liable to be dismissed.;