AMIT KUMAR VERMA Vs. SHITIJ SHUKLA & ANOTHER

JUDGEMENT

(1.) - This revision is directed against the judgment and order directing eviction of the tenant /revisionist, herein, besides granting the arrears of rent as well as mesne profits @ Rs. 4950.00 per mensem.

(2.) Shop no.84 is the tenanted premises situated in Karanpur falling within the municipal area of Dehradun city.

(3.) Admittedly, the tenancy commenced with effect from 1.1.2008 @ Rs. 4500.00 per month. On 31.7.2009, the landlord issued the notice terminating the tenancy and asking for the vacant possession of the property within 30 days from the date of receiving the notice. The tenant, replying such notice on 6.8.2009, has accepted that the notice sent by the landlord was received by him on 4.8.2009 but pleaded that a rent deed was executed between the parties on 17.12.2007 and as per the terms and conditions of that deed, the tenanted premises was given for at least three years. There was a further stipulation that if the tenant wanted to terminate the tenancy, then he will have to pay two months ' rent prior to the vacation of shop, in question, and on the other hand, if the landlord wanted to get the shop vacated, then he will have to issue two months ' notice in advance before seeking such eviction, and such notice could be issued only after expiry of three years. There was an additional clause that if the landlord ever wanted to sell the shop, then the tenant will have a right of preemption on the same.