PRAKASH BHALOTIA Vs. INDRA CHANDRA GOYAL

JUDGEMENT

(1.) Leave granted.

(2.) Challenging the judgment dtd. 22/1/2001 passed in Suit No. 1 of 1992 by Small Causes Court dismissing the suit for eviction filed by landlord due to 'non-payment of rent', 'subletting', and 'expiry of rent agreement', as affirmed by the High Court vide impugned judgment dtd. 31/1/2013, the present appeal has been filed.

(3.) The facts leading are that appellant (now deceased) was the owner of Shop No. 4 (Western Direction) situated in Mohalla Begupur, Muglani, Ram Prasad Bhalotia Market, District Gorakhpur city with the prescribed boundaries shown in the suit. The defendant/respondent (now deceased) was inducted as a tenant on a monthly rent of Rs.330.00. The tenancy was for a fixed period of five years, which started from 1/7/1985 and ended on 30/6/1990. As per the terms of tenancy, on expiry of period of five years, the tenant may continue with increase of rent @ 15 % per month provided the same is agreeable to the owner.