MOTI RAM GUPTA Vs. SRI NIRMAL KUMAR PATNI

JUDGEMENT

(1.) IN the present revision the revisionist is challenging the order dated 10.2.2011 passed by the Additional District Judge/Special Judge (E.C. Act), Agra in S.C.C. Case No. 25 of 2000 whereby the suit of the plaintiff has been decreed and the defendant-revisionist has been directed to evict the premises in dispute and pay rent from 1st March, 2000 @ Rs. 3,320/- per month.

(2.) THE plaintiff-respondent filed a suit for eviction against respondent No. 2 and the revisionist, who was defendant No. 2, in the suit.

(3.) IN the suit, the plaintiff, Sri Nirmal Kumar Patni's statement was recorded. During the pendency of the suit, he died and his wife Smt. Kaushal Kumari Patni has been substituted as a plaintiff by virtue of Will deed. Issues have been framed and the witnesses have been examined. The Court below has decided issue Nos. 1, 2, 3 and 4 together. The Court below on the basis of the evidence on record has held that the plaintiff has let out a newly constructed tin shed in a portion of the compound premises No. 20/82, Jamuna Kinara Chhatta Ward, Agra to defendant No. 1 on a rent of Rs. 1400/- per month. The defendant had to pay the tax also apart from the rent. An agreement was executed on 20.1.1984 in this regard. The defendant No. 1 has included defendant No. 2 in his business with the permission of the plaintiff. IN the year 1991, a new tin shed had been constructed, which has also been let out and the rent has been enhanced from Rs. 1400/- to Rs. 3,320/ - per month. The Court below has not accepted the plea that 1500 Sq. ft. land has been illegally occupied by the defendants. On the basis of the evidence on record, it has been held that in the year 1991 itself the tin shed had been given on rent after the construction of tin shed and at that time 1500 Sq. fit. land had also been given. Accordingly, the Court below has held that the plaintiff is not entitled for the rent of Rs. 3/- per Sq. feet per month towards damages for illegal occupation of 1500 Sq. ft. land. The Court below held that the rent was more than Rs. 2000/- per month and the construction was new therefore the provisions of Act No. 13 of 1972 are not applicable and accordingly the suit for ejectment and arrears of rent has been decreed by the Court below.