The revisionist/plaintiffs is owner and landlord of a part of premises No. 89/209, Bavis Compound, Bansmandi, Kanpur Nagar in pursuance of a registered sale deed dated 3.12.2003 executed by the previous owner in favour of the plaintiff. In the said premises, the defendant, opposite party was the tenant at the rate of Rs. 3000 per month and the tenancy of defendant consists on one hall, tin, shed, Verandah, store and gallery on the ground floor admeasurign 658.31 sq yards. It is averred that the disputed place was allotted in the year 1991 by rent control authority and at that time, it was only tin shed as mentioned in allotment letter/order dated 20.08.1991, which is annexed as Annexure No. 1 to the civil revision. According to which, there was no pucca shed or construction existing at the time, it had only tin shed measuring 150 X 40 fit and in vacant land measuring 30X30 fit. Subsequently, the plaintiff raised a pucca RCC construction in place of entire old tin shed building as such the portion of dispute is newly constructed and therefore the provisions of UP Act 13 of 1972 do not apply in the accommodation in question. Further the defendant has not paid rent of his tenanted portion we.f. 3.12.2003, the date of purchase of the said portion despite repeated demands and proved himself a willful defaulter. Thus, the aforesaid suit was filed for ejectment, recovery of rental dues, damages etc, which has been dismissed by the impugned judgement.
