HARI OM GUPTA Vs. JYOTI BHATIA

JUDGEMENT

(1.) Heard Sri Kiran Kumar Arora, learned counsel for the revisionists and Sri Ram Pratap Yadav, learned counsel for the respondent.

(2.) The revision-applicant nos.1 & 2 have assailed the judgement and decree dated 06.02.2014 passed by Additional District Judge, Court No.1, Bareilly in SCC Suit No.7 of 2011 whereby the trial court has decreed the suit of the respondent.

(3.) The brief facts of the case are that respondent (plaintiff) instituted SCC Suit No.7 of 2011 contending inter alia that she is the owner of a shop and godown constructed over an area of 72.5 square meters situated in Shyamganj, Rile Godown, Bareilly (hereinafter referred to as 'suit property') described at the foot of the plaint. She has let out the suit property to revision-applicant nos.1 & 2 (hereinafter referred to as 'applicants') on a monthly rent of Rs.25,000/- per month including taxes. The applicants have been carrying on business on the suit property in the name and style of M/s Saraswati Sales. The suit property was let out to applicants on 25.11.2008 for two years on the condition that entire rent of the suit property would be paid in advance by the applicants. The period of tenancy expired on 24.11.2010. The applicants were to vacate the suit property on 25.11.2010 after the expiry of the term of the tenancy. It is further averred that the applicants have not paid rent after 24.11.2010 nor they have vacated the suit property. Consequently, the respondent sent a notice by registered post terminating the tenancy which was duly served and delivered on applicants on 24.01.2011. By the said notice, respondent also claimed arrears of rent and mesne profit to the tune of Rs.37,500/- for the period from 25.02.2011 to 07.04.2011.