( 1 ) HEARD Shri Diwakar Rai sharma learned counsel for the revisionist.

( 2 ) THE order dated 28-1-2006 passed by the Additional District Judge, Court No. 6/judge small Causes Court, Muzaffar Nagar, in S. C. C. Suit No. 14 of 2005- Laxmi Chand vs. Mohar Singh, is challenged in this revision.

( 3 ) THE plaintiff/opposite party instituted a S. C. C. Suit for decree of eviction and possession on the ground of default in payment of rent of the disputed shop situated at Ram rahim market, Qasba Thana Bhawan, pargana Thana Bhawan, District Muzaffar nagar. The revisionist is a tenant at monthly rent of Rs. 1000/ -. The plaintiff stated in the plaint that no rent has been paid after 1-1-2003. A notice was sent on 2-6-2005 determining the tenancy and demand for arrears of rent and damages was made. The plaintiff contended that the shop in question was constructed in the year 1991, therefore, the provisions of U. P. Act No. 13 of 1972 do not apply. Copy of the plaint has been annexed as annexure no. 1 to the affidavit filed in support of the Stay Application. The written statement was filed disputing the allegation of the plaint including rate of rent and stating that the provision of U. P.

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