ATUL KUMAR Vs. SURESH CHAND JAIN

JUDGEMENT

(1.) Heard Sri Sumit Daga, learned counsel for the revisionists and Sri Brahma Kumar Tiwari, learned counsel for the respondent.

(2.) The revision-applicants (hereinafter referred to as 'applicants'), who are the defendant in S.C.C. Case No. 19 of 2006 instituted by respondent-plaintiff (hereinafter referred to as 'respondent'), has preferred the present revision challenging the judgement and decree dated 19.9.2011 passed by Judge, Small Causes Court/Additional District Judge, Court No. 8, Muzaffar Nagar decreeing the suit of the respondent for eviction against the applicants.

(3.) The facts, in brief, are that the respondent instituted the suit for eviction on the ground that the applicants are the tenant of a shop (hereinafter referred to as 'disputed shop') on the monthly rent of Rs. 750/- per month plus taxes. The disputed shop has been constructed in the year 1990, therefore, provisions of U.P. Act No. 13 of 1972 are not applicable. It is also stated that the applicants have not paid the rent since 1.1.2005 despite repeated demand made by the respondent to the applicants for payment of rent. Consequently, respondent sent registered notice dated 15.9.2006 to the applicants terminating the tenancy and for arrears of rent, which was served upon the applicants on 16.9.2006. Accordingly, the tenancy is terminated with effect from 15.10.2006 on expiry of one month period from the date of service of notice.