RAJENDRA ARYA Vs. MANOJ KUAMR GUPTA

JUDGEMENT

(1.) The present revision has been filed under Sec. 25 of the Provincial Small Cause Courts Act, 1887, against the judgment and decree -dtd. 22/1/2022, passed by the learned Judge, Small Causes Court/Ist Additional District Judge, Kashipur, District Udham Singh Nagar in Small Causes Court Suit No.12 of 2016 "Manoj Kumar Gupta vs. Rajendra Arya", whereby, the learned trial court decreed the suit by passing an eviction decree against the revisionist-defendant in relation to the shopin-question and directed the revisionist to pay the arrears of rent from the month of April, 2015 to 17/7/2016 at the rate of Rs.5,100.00 per month and mesne profits @ Rs.170.00 per day with effect from 18/7/2016 till the possession of the shop-in-question is handed over to the respondentplaintiff.

(2.) Brief facts, which led to filing of this revision, are as under :-

(3.) Upon service of summons, the revisionistdefendant entered appearance and filed his written statement. He has stated in his written statement that he is neither the tenant of the plaintiff nor the plaintiff is the owner of the shop-in-question. He has stated in his written statement that the plaintiff has taken rent illegally by constructing the shop-in-question on the land of the graveyard. In the SCC Suit, evidence was led by both the parties by orally and documentary.