- (1.) The instant petition is directed against the order dated 2.5.2018 passed by District Judge, Bulandshahr allowing Revision No.2 of 2016 and dismissing Revision No.30 of 2015.
(2.) The brief facts necessary for disposal of the instant writ petition are as follows:- The plaintiff-respondents instituted SCC Suit No.34 of 2012 against the defendant-petitioner for recovery of arrears of rent and for eviction. In nutshell, the plaint case was that Shop No.7, Faisal Market, Nagar Chhatari, Tehsil Shikarpur, Bulandshahar owned by the plaintiff- respondents was let out to the petitioner in the year 1991 by Smt. Naseer Bano, the erstwhile owner and landlord on a monthly rent of Rs.250/-. It was further alleged that a rent agreement was executed at the time of inception of tenancy, under which rent was to be enhanced after every eleven months by ten percent and accordingly the rent at the time of institution of the suit was Rs.1682/- per month. The plaintiffs claimed ownership of the building in which the shop in the tenancy of the petitioner is situated, on the basis of sale deed dated 29.6.2012. The specific case of the plaintiff-respondents was that the building in which the disputed shop is situated, comprises of nine shops. It was constructed after getting a building map sanctioned in the year 1990-91 from the Town Area. The provisions of U.P. Act No.13 of 1972 (for short 'the Act') are not applicable. The tenancy of the petitioner was terminated by a notice under Section 106 of Transfer of Property Act followed by institution of the suit.
(3.) The petitioner contested the suit claiming that the shop is an old construction and provisions of the Act are fully applicable. He also took a plea that he had been depositing rent under Section 30 of the Act in Misc. Case No.34 of 2012. He denied that there was any agreement between the parties for enhancement of rent on regular basis. He admitted receipt of notice but denied that thereby the tenancy stood determined.;