JUDGMENT :

Vivek Bharti Sharma, J.

This revision has been filed against the judgment and decree dated 23.01.2020 passed by Judge, SCC/1st Addl. District Judge, Haldwani in SCC Suit No.12 of 2017, whereby the respondent/plaintiff’s suit for a decree of ejectment and recovery of rent and damages has been allowed against the revisionist/defendant.

2. Brief facts of the case are that respondent/plaintiff filed SCC suit against the revisionist/defendant seeking a decree of ejectment and recovery of rent and damages on the ground of non payment of rent stating inter alia that the respondent/plaintiff is the owner and landlady of the premises in question which is under the tenancy of the revisionist/defendant @ Rs2200/- per month apart from the electricity charges; that, the provisions of Uttar Pradesh Urban Buildings (Regulation of Letting, Rent and Eviction), 1972 (hereinafter to be referred as the U.P. Act No.13 of 1972) do not apply to the shop in question; that, the respondent/plaintiff terminated the tenancy of the revisionist/defendant vide a notice dated 27.12.2016 issued under Section 106 of Transfer of Property Act (hereinafter to be referred as the T.P. Act) on the next date follo