UNION OF INDIA Vs. SUDARSHAN LAL TALWAR

JUDGEMENT

(1.) This revision has been preferred under S. 25 of Provincial Small Cause Courts Act against the judgment and decree for eviction and recovery of arrears of rent passed in SCC Suit No. 6 of 2001 by XIth Addl. District Judge, Kanpur Nagar on 20-8-2001.

(2.) The facts in brief are as follows : The opposite party filed suit for eviction and recovery of arrears of rent. It was alleged in the plaint that the revisionists were tenant of the disputed premises No. 7/258 old and 7/213 new, Swaroop Nagar, Kanpur Nagar at rental of Rs. 15,000.00 per month; that the premises is non-residential; that the tenancy has been terminated by notice dated 5-7-2000 which was served on revisionist No. 2 on 7-7-2000; that the premises has not been vacated hence the suit was filed.

(3.) The defence taken in the written statement filed by the revisionist No. 1 through revisionist No. 2 is that the rent has been accepted after termination of the tenancy and, therefore, the notice stands waived and the tenancy is still subsisting; the locus standi of the so-called authorised attorney through Sri R. P. Gupta is also challenged.