ASHOK KUMAR JAIN Vs. BUDDHI PRAKASH

JUDGEMENT

(1.) The present revision has been filed under section 25 of the Provincial Small Cause Courts Act against the judgment and decree dated 24th of September, 2009 passed by the Additional District Judge/Special Judge exercising the power of Judge, Small Causes Court in SCC Suit No.19 of 2006, by the tenant.

(2.) The Court below by the order under revision has decreed the suit for recovery of arrears of rent, damages for use and occupation and also for ejectment of the defendant tenant from the premises in question.

(3.) The aforestated suit was instituted on the pleas inter alia that the defendant tenant has failed to pay the rent since 1st of July, 2004. The rent was claimed at the rate of Rs.1400/- per month. The tenancy of the defendant tenant has been determined by serving a notice. It was pleaded that initially the rate of rent was Rs.800/- per month but was enhanced subsequently to Rs.1400/- per month w.e.f. 1st of January, 2003 as two additional newly constructed rooms were also given to the tenant.