OM PRAKASH AGARWAL Vs. VISHAL FUTELA

JUDGEMENT

(1.) This is a tenant's revision under Section 25 of the Provincial Small Cause Courts Act. 1887 against the judgment and order dated 10.10.2014 passed by the Judge, Small Causes/III Additional District Judge, Rudrapur, District Udham Singh Nagar, whereby the suit filed by the landlord/respondent against the tenant/revisionist for rent and eviction has been decreed.

(2.) The case of the landlord/plaintiff before the court below was that he is the landlord of the premises, which has been rented out to the tenant/defendant. A rent deed was executed between the landlord and the tenant on 18.11.2005, whereby the premises was rented out on a monthly rent of Rs. 2,100/- per month, which was liable to be increased by 12.5 % every five years. The initial monthly rent of the same property was Rs. 1,500/- and by the aforesaid agreement it was Rs. 2,100/- and later it was further increased to Rs. 2,360/- per month. The landlord thereafter filed a suit against the tenant for recovery of rent and eviction.

(3.) In the written statement, the tenant admitted that although the rent of the property is only Rs. 1,500/- but undue influence was exercised by the landlord and he was coerced to sign the deed for which a rent of Rs. 2,100/- and later Rs. 2,360/- was being paid by the tenant. He is the tenant since last 20 years and therefore the premises is actually covered under the U.P. Act No. XIII of 1972 i.e. Uttar Pradesh Urban Building (Regulation of Letting, Rent and Eviction) Act, 1972.