UNION OF INDIA Vs. CHANDRA KIRAN JAIN

JUDGEMENT

(1.) THIS revision application under Section 25 of the Provincial Small Cause Court Act is directed against the judgement and decree dated 4.1.1997 recorded by the Second Addl. District Judge, Saharanpur, in S.C.C. Suit No. 2 of 1995. A caveat was lodged by the plaintiff-respondents and both the parties were heard on the date of admission itself. The operation of the impugned decree has been stayed till pronouncement of the present order. The parties have been heard in full and the matter is accordingly disposed of at this stage itself.

(2.) THE suit was filed by the present opposite-parties for eviction of the defendants from the suit premises for possession and for damages for unlawful occupation. The premises were let out to the defendants on a monthly rent of Rs. 3600. This rate of rent being more than Rs. 2000 per month, the suit was beyond the purview of U.P. Act No. 13 of 1972. Accordingly the plaintiff asserted that the general law governing relationship between lessor and lessee would be applicable to the present set of facts. Notices u/s 106 T.P. Act and under Section 80 CPC were also served on the defendants, but they failed to vacate the premises. Only thereafter, the suit was instituted for eviction, for realisation of arrears and for realisation of damages.

(3.) THE trial Court engaged itself to look to certain issues. One of the issues was whether the suit property was to come under the purview of the U.P. Act No. 13 of 1972, as amended by the Amending Act No. 5 of 1995. The other issues framed by the trial Court were on the point of arrears of rent, sustainability of the claim for damages, determination of tenancy and proper service of notice under Section 106 TP Act and 80 CPC.