ZAFAR Vs. MOHAMMAD SALIM

JUDGEMENT

(1.) Heard counsel for the parties and perused the record.

(2.) This writ petition has been filed by the Petitioner challenging the validity and correctness of the order dated 2.8.2010 passed by the Revisional Court in SCC Revision No. 69 of 2008,Jafar v/s. Mohd. Salim whereby the revision was dismissed by affirming the judgment and order dated 17.7.2008 passed by the Judge Small Causes Court, Aligarh in JSCC Suit No. 13 of 2003, Mohd. Salim v/s. Jafar. By order dated 17.7.2008 the suit of the Respondent landlord was partly allowed by directing the Petitioner tenant to pay rent of the property in dispute @ Rs. 50/ -per month to the landlord w.e.f. 29.5.2003 till the date of decision of the suit within a period of 30 days. In so far as the prayer for eviction of the Petitioner from the property in dispute was concerned, this prayer was rejected by the court below.

(3.) Brief facts of the case are that the Plaintiff Respondent filed SCC Suit No. 13 of 2003, Mohd. Salim v/s. Zafar for eviction of the Petitioner tenant from the shop in dispute. It was alleged in the plaint that the Respondent is owner and landlord of the shop in dispute, bearing municipal No. 173/1, Khair Nagar Bazar, Meerut vide sale -deed dated 8.6.1998 executed by Sitara Begum; that the Petitioner was tenant of the shop in dispute @ Rs. 100/ -per month and was in arrears of rent since 8.6.1998; that the Respondent landlord demanded rent vide notice dated 14.5.2002 and terminated the tenancy of the Petitioner and when he was not willing to pay the rent, he filed the aforesaid suit.