YUPENDRA KALRA Vs. PRADEEP SAIGAL

JUDGEMENT

(1.) Heard Sri Vinayak Mithal, learned counsel for the petitioner and Sri Sumit Daga, learned counsel for the respondent.

(2.) The petitioner-tenant (hereinafter referred as 'Petitioner') by means of the present petition under Article 227 of Constitution of India has assailed four orders; (i) order dated 27.09.2017 passed by Additional Small Causes Court, Meerut in SCC Suit No.41 of 2010 whereby it rejected the application 123Ga of the petitioner for taking the rent deed dated 26.12.1986 and F.I.R. dated 17.11.1996 on record, (ii) order dated 20.03.2018 passed by the District Judge, Meerut in SCC Revision No.8 of 2018 dismissing the revision of petitioner against the order dated 27.09.2017, (iii) order dated 12.02.2019 passed by Additional Small Causes Court, Meerut rejecting the application 155Ga of the petitioner praying for impounding the rent deed dated 26.12.1986 and further direction to the District Magistrate to accept the deficient stamp duty alongwith penalty and compounding charges from the petitioner and send the rent deed back to the court, (iv) order dated 07.11.2019 passed by Additional District Judge, Court No.1, Meerut dismissing the SCC Revision No.44 of 2019 preferred by the petitioner against the order dated 12.02.2019.

(3.) The facts, in brief, are that respondent-landlord (hereinafter referred as 'Respondent') instituted SCC Suit No.41 of 2010 contending inter-alia that the petitioner is the tenant of Shop No.4B situated in building no.171/B-E Abu Lane, Meerut Cantt. (hereinafter referred to as 'disputed shop') on the monthly rent of Rs.5,000/- per month. The eviction of the petitioner has been sought mainly on two grounds; the petitioner was in arrears of rent w.e.f. 01.09.2010 to 02.09.2010. Secondly, the petitioner has willfully caused substantial damage to the building and made material alteration in the disputed shop by raising construction. The plea as regards the material alteration have been stated in detail by the respondent in paragraphs 7 to 10 of the plaint.