MOHD. ASLAM SIDDIQUI Vs. IRFANA KIDWANI

JUDGEMENT

(1.) This revision has been preferred against the judgment and decree dated 17.10.2012, passed by Learned Special Judge (Ayodhya Prakaran)/Additional District Judge/ Judge, Small Causes Courts, Lucknow in SCC suit No. 37 of 2011, by which the plaintiffs' suit for eviction and recovery of arrears of rent and damages for use and occupation has been decreed.

(2.) Sr. Advocate, Sri Jaideep Mathur, assisted by Sri Saurabh Lavania, Advocate has put his appearance on behalf of the opposite parties/ landlords. Heard Sr. Advocate Sri M.A. Khan, learned counsel for the revisionist as well as Sri Jaideep Mathur, Sr. Advocate learned counsel for the opposite parties and gone through the records.

(3.) Admittedly, the opposite parties are the landlords of Qidwai Bhawan house No. 17/23-1 at Picnic Spot Road, Indira Nagar, Lucknow, in which the revisionist is the tenant since May, 2001. Initially, the rent was Rs. 2725/- per month, which was later on increased and admittedly the rate of rent is Rs. 3300/- per month since 2008. It is also undisputed that the defendant/revisionist did not pay rent after March, 2009. The only point assailed before this Court was that while granting damages for use and occupation, the Judge, Small Causes Courts has decreed the same @ Rs. 10,000/- per month, which is more than three times than the agreed rent. Learned Counsel for the respondents, straightway, submitted that this part of the judgment is perverse. The learned Judge, Small Causes Courts has increased the amount of damages to more than three times, without any discussions or without any basis of enhancement of the amount of damages for use and occupation. This part of the judgment is obviously perverse.