KISHAN SHIVHARE Vs. MOHD KAMIL

JUDGEMENT

(1.) The tenant has filed this petition for quashing of the judgment dated 30th October, 2009 of the Judge, Court of Small Causes, Agra in SCC Suit No. 82 of 2005 filed by the landlord for eviction of the tenant on the ground that the tenant was in arrears of rent and had also sublet the premises. The petitioner has also sought the quashing of the judgment dated 12th July, 2011 passed by the Additional District Judge, Agra by which the Revision No. 52 of 2009 filed by the tenant has been dismissed.

(2.) The case set up by the landlord was that the tenant was in arrears of rent and a notice was sent to him by registered post for termination of the tenancy on which remark was made by the Postman that he was informed that the addressee had left the shop and had given possession of the shop to some other person. It is after the aforesaid remark of the Postman, that the suit was filed by the landlord for eviction of the tenant with the allegation that not only had the tenant committed default in payment of rent but he had also sublet the shop.

(3.) The Court of Small Causes has allowed the suit filed by the landlord on the ground of subletting though it has given the benefit of Section 20(4) of the Uttar Pradesh Buildings (Regulation of Letting, Rent and Eviction) Act, 1972 (hereinafter referred to as the 'Act') to the tenant. In coming to this conclusion the Court of Small Causes considered various factors including the fact that no document was filed by the tenant to show that he was actually doing the business of Moon Cable Network from the shop though it was stated by the tenant in his examination that documents had been executed for running of the Moon Cable Network. This finding has also been confirmed by the Revisional Court.