AZIZ ULLAH CHAUHAN Vs. ABDUL MOHI

JUDGEMENT

(1.) The present writ petition is directed against the order dated 21.8.2008 passed by the Additional District Judge, Court No. 1. Allahabad in S.C.C. Revision No. 1005 of 2004, Abdul Mohi v. Aziz Ullah Chauhan. whereby the order dated 9.11.2004 passed by Judge Small Causes Allahabad decreeing the Suit No. 10 of 1996 was set aside.

(2.) Brief facts of the case are as follows :

(3.) The suit property through a written agreement dated 27.7.1985 was let out by the erstwhile landlord Izazat Ullah Chauhan in the year 1985 in favour of the respondent at the rate of Rs. 200 per month with the stipulation that after every five year, the rate of rent would be increased by 10%, i.e., with effect from 27.7.1990 the rate of rent would be Rs. 220 per month and thereafter from 27.7.1995, the rate of rent would be further increased to Rs. 242 per month. The property was purchased by Aziz Ullah Chauhan from his real brother Izazat Ullah Chauhan through a registered sale deed dated 11.7.1994. After purchasing the said property, the petitioner issued a registered notice dated 16.9.1994 informing the respondent about the said purchase of the disputed property and asking him to pay the monthly rent to him.