JUDGEMENT
Shishir Kumar, J. -
(1.) HEARD the learned Counsel for the parties. The present revision has been filed by the tenant.
(2.) THE facts arising out of the present revision are that the opposite par ties filed a suit for arrears of rent, ejectment and damages against the applicant with the allegations that she has sublet the premises in dispute and has also committed default in payment of rent. A written statement was filed by the applicant denying the subletting and has submitted that the entire rent has been deposited under section 20 (4) of the Act. THE prescribed authority after consideration of the pleadings of the parties has decreed the suit after holding that Act No. XIII of 1972 is not applicable. A revision was filed by the appli cant and that too has been dismissed. Hence, the present revision.
I have considered the submissions made on behalf of the parties and have perused the record. A finding of fact has been recorded that as the Act No. XIII of 1972 is not applicable, as such, mere a notice under section 106 of the Transfer of Property Act is sufficient to vacate the said premises. Therefore, if any rent has been deposited, no benefit can be given to the applicant. While al lowing the application, the Court below itself has granted three months' time vide its order dated 17.9.2008.
In my opinion the finding recorded by the Court below is a finding of fact and needs no interference.
(3.) THE revision is devoid of merit and is hereby dismissed.
No order is passed as to costs. Civil Revision Dismissed.;
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