Satendra Singh versus Vinod Kumar Bhalotia




Satendra Singh …….Petitioner


Vinod Kumar Bhalotia ……Respondent


The petitioner before this Court, took on rent the shop in question, from the respondent-landlord, in the year 1979. It is the contention of the learned counsel for the petitioner, that after taking the shop on rent, the basic rental was enhanced from time to time. Finally, the rival parties executed an agreement dated 1.8.1981, whereby the shop in question, was rented by the respondent to the petitioner, for the period from August, 1981 to June, 1982. As the petitioner did not vacate the premises on the expiry of the period depicted in the rent agreement dated 1.8.1981, a suit for the eviction of the petitioner was filed by the respondent on 24.11.1982. In order to contest the suit filed by the respondent, the petitioner raised a variety of pleas. First and foremost, it was the assertion of the petitioner, that the suit filed by the respondent-landlord, was unsustainable, on account of the applicability of the provisions of the Uttar Pradesh Urban Buildings (Regulation of Letting, Rent and Eviction) Act, 1972 (hereinafter referred to as, the 1972 Act). While raising the instant contention, the petitioner adopted the stance that the shop in question had been constructed in 1970. This position was adopted because the provisions of the 1972 Act are not applicable to building, during a period of ten years, from the date of their completion. The second contention of the petitioner was, that the eviction suit was not sustainable because the notice issued by the respondent-landlord under Section 106 of the Transfer of Property Act, was invalid. The third contention of the petitioner was on the subject of the payment of rent. It was the contention of the petitioner, that the entire rent was paid to the respondent-landlord, through a demand draft. It was submitted, that the aforesaid demand draft of Rs. 3,000/- was shown to have been encashed by the respondent-landlord. It is on the above grounds, that the petitioner had contested the suit filed by the respondent. Despite the fact that the suit was filed as far back on 24.11.1982, the matter has reached this Court for hearing only on 27.10. 2014. By now, 32 years have passed, since the filing of the suit. The petitioner has been successful in retaining the possession of the suit premises till date. Through the present petition, the petitioner has assailed the impugned judgment and final order dated 20.8.2014, passed by the High Court of Judicature at Allahabad (hereinafter referred to as the High Court), ordering the petitioner to vacate the premises….read more