Sibghat Ullah Khan, J.

Heard learned counsel for both the parties.

This is tenant's writ petition arising out of S.C.C. Suit no.13 of 2008, Hanuman Bux Goswami Trust Vs. Kanhaiya Lal Chaurasia. The suit had been filed by landlord respondent against the tenant petitioner for eviction of the petitioner from the tenanted shop in dispute situate at ground floor of house no.C.K. 4/23 situate at Mohalla Chaukhambha, Varanasi.

It was stated in the plaint that plaintiff landlord was a public charitable trust hence U.P. Urban Buildings ( Regulation of Letting, Rent and eviction) Act, 1972 U.P. Act no.13 of 1972 was not applicable thereupon; rate of rent was Rs.45/- per month which had not been paid since August 1991 till November 2007 and tenancy was terminated through notice dated 7.12.2007.

The tenant pleaded that U.P. Act no.13 of 1972 was applicable on the buildings in dispute and that he had received a notice from Smt. Kalawati Devi demanding the rent hence he was depositing the rent under Section 30 of U.P. Act no.13 of 1972.

The suit was decreed for eviction alone by J.S.C.C. Varanasi on 31.7.2012. Against the said decree the tenant petitioner filed S.C.C. Revision no.16 of 2012 which was

Click Here to Read the rest of this document