PRADEEP KUMAR AGARWAL Vs. MEENA JAISWAL

JUDGEMENT

(1.) THE present revision has been filed under Section of the Provincial Small Causes Court Act against the judgment and decree dated 19th March, 2007 passed by Shri S.M. Haseeb, the Additional District Judge, Court No. 6, Kanpur Nagar in S.C.C. Suit No. 73 of 2005, whereby the suit filed by the plaintiffapplicant for recovery of arrears of rent and ejectment has been dismissed on the ground that the defendant tenant has deposited the arrears of rent on the first date of hearing and has waived the notice by accepting the rent.

(2.) THE background facts may be noticed in brief:

(3.) THE trial court has dismissed the suit on the ground that since the plaintiff landlord has accepted the rent upto 30th April, 2005 and he stated that the tenancy was upto February, 2005, therefore, there is relationship of the landlord and defendant -tenant between the parties. It was further found that the defendant -tenant has made the deposit of arrears of rent, in the court.