RADHEY DWIVEDI Vs. MANISH ROHRA

JUDGEMENT

(1.) Heard learned counsel for the revisionist and Sri Rajan Tripathi, learned counsel for the respondent.

(2.) The respondent Manish Rohra purchased a shop situated on the ground floor as Shop Quarter No.51/4, Block, Scheme-I, Govind Nagar, District Kanpur Nagar from its erstwhile owner Shri Sriram Katiar for sale consideration of Rs.3,50,000.00 by sale deed dtd. 13/7/2012. The revisionist is a tenant and in occupation of aforesaid shop from the time of its erstwhile owner at Rs.6000.00 per month. The respondent sent a notice dtd. 17/4/2017 to the revisionist-tenant on his correct address terminating his tenancy. Notice dtd. 17/4/2017 was sent by registered post which returned unserved on 26/4/2017 with remark 'not claimed'. After the period of notice, the respondent instituted SSC Suit No.41 of 2017 praying for a decree of eviction against the revisionist from the aforesaid shop and further, a decree of recovery of arrears of rent of Rs.2,94,933.33 and decree of damages future and pendent elite of Rs.500.00 per day till the defendant (tenant-respondent) actually vacates the shop in question.

(3.) It appears that the court below by order dtd. 21/3/2018 struck off the defence of the revisionist for non-depositing the arrears of rent claimed by the respondent. Later on, suit was decreed in favour of respondent by order dtd. 6/10/2018. The order dtd. 6/10/2018 was impugned by the revisionist in SCC Revision No. 147 of 2018 which was allowed by this Court and this Court remanded the matter back to the trial court for deciding afresh in the light of observations made in the judgement dtd. 26/11/2018. The relevant extract of the judgement of this Court in SCC Revision No. 147 of 2018 reproduced herein-below:-