VIRENDRA KUMAR Vs. KUSUM

JUDGEMENT

(1.) This writ petition has been filed against the judgment and order dated 3.3.2004 passed by the 7th Additional District Judge, Shahjahanpur in SCC Revision No. 79 of 2000 whereby the judgment and order dated 24.11.2000 passed by the Small Cause Court, Shahjahanpur has been set aside.

(2.) According to the plaint case, Ganga Sewak father of Rakesh was the tenant of the shop, he became Sadhu and surrendered his tenancy. Thereafter his son Rakesh Kumar took the shop on rent at the rate of Rs. 310/- per month and paid rent for the period from 1.1.1986 to 30.6.1986 against the rent receipts issued by the landlord. The counterfoils of the rent receipts were signed by him (Rakesh Kumar).

(3.) When Rakesh Kumar did not pay the rent from 1.7.1987, the petitioner gave notice terminating the tenancy and demanding the rent from 1.7.1986 to 31.10.1989 but Rakesh Kumar failed to comply with the notice. As a result, the suit was filed for arrears of rent and ejectement. Rakesh Kumar contested the suit by filing his written statement, inter alia, pleaded that his father Ganga Sewak was the tenant of the disputed shop at the rate of Rs. 310/- per month, and he never surrendered his tenancy.