M.P.Singh - (1.) THIS is a. plaintiff's revision under section 25 of the Provincial Small Causes Courts Act against the order dated 2-3-1987 passed by VIII Additional District Judge, Ghaziabad.
(2.) THE plaintiff's case was that he was the landlord of building no. 50, Ambedkar Marg, Ghaziabad. THE defendant was the tenant of one of the shops and the main building which was constructed in the year 1982-83. THE U. P. Act XIII of 1972 was not applicable. THE defendant did not pay the rent since 1-10-1985 hence after the service of the notice under section 106 of the Transfer of Property Act the suit for ejectment and for arrears of rent was filed. The suit was contested by the defendant-opposite party denying the rate of rent. The entire rent upto 30th September, 1985 was already paid. In addition to this a sum of Rs. 10,000/- was also paid by the defendant to the plaintiff as advance rent through cheque no. 57902 on 29-9-1982. If that amount is taken into consideration towards payments of rent, then nothing remains due against him. The shop in dispute was an old construction. U. P. Act XIII of 1972 was applicable. The jurisdiction of the court was also challenged. Two points were pressed before the Court below- (i) Whether U. P. Act XIII of 1972 was applicable ? (ii) Whether the defendant has paid advance rent of Rs. 10,000/- to the plaintiff ? If so, its effect. So far the first question is concerned, the court below has recorded a finding in favour of the applicant that U. P. Act XIII of 1972 is not applicable. This point is no more in dispute.
(3.) ON the second question the court below has recorded a finding that the defendant has deposited Rs. 10,000/- as advance rent with the plaintiff. After adjusting this amount, there was no default. With this finding the suit has been dismissed. Heard Sri M. D. Singh, learned counsel for the applicant and Sri Nanhey Lal, learned counsel for the opposite party and perused the record.;