SURENDRA NATH GARG Vs. BALBIR SHARAN GOYAL

JUDGEMENT

(1.) Heard Sri Pramod Jain, learned Senior Counsel assisted by Sri Ashutosh Srivastava, learned counsel for the revisionist and Sri Swapnil Kumar, learned counsel for the respondent.

(2.) The revision-applicant (hereinafter referred to as 'applicant') is the defendant and has assailed the judgement and decree dated 27.8.2018 passed by 4th Additional District Judge, Agra in S.C.C. Suit No. 32 of 2013 (CNR No. UPAG01-005993-2013) whereby the Trial Court has decreed the suit.

(3.) The brief facts of the case are that the respondent-plaintiff (hereinafter referred to as 'respondent') has instituted S.C.C. Suit No. 32 of 2013 against the applicant praying for a decree of eviction, arrears of rent, mesne profit and taxes. The plaint case was that the respondent is the owner and landlord of shop No. 1/31/C (hereinafter referred to as 'shop') situated on the ground floor in Amar Market, Johari Bazar, Agra. The respondent let out the shop to the applicant at a rent of Rs.5,000/- plus taxes @ 31% i.e. Rs.6,550/- per month. The applicant without the consent of the respondent joined two shops i.e. shop No. 1/31/C under his tenancy and shop No. 1/31/C-1 under the tenancy of one Raj Kumar Garg, nephew of the applicant, by removing the Pucca partition wall standing between the two shops. Consequently, the respondent sent a notice on 29.5.2012 terminating the tenancy which was duly served upon the applicant. The applicant after receiving the aforesaid notice approached the respondent and admitted his fault in making material alteration in the shop and requested the respondent not to take any legal action against him and in lieu thereof, he offered rent of Rs. 5,000/- plus taxes per month of the shop to the respondent with effect from 1.4.2011 and assured him to restore the shop in original shape. The respondent accepted the aforesaid offer of the applicant on 15.6.2012. The applicant, thereafter, made payment of rent of Rs. 19,650/- of three months with effect from 1.4.2011 to 30.6.2011 @ Rs. 6,650/- per month (rent Rs. 5,000/- and taxes @ Rs. 1550/-). The respondent issued the receipt of payment of rent which was duly acknowledged by the applicant.