BABU LAL Vs. MOHAMMED ANIS

JUDGEMENT

(1.) This writ petition is directed against the judgement and order dated 06.02.2012 passed by the Additional District Judge, Court No. 10, Kanpur Nagar in S.C.C. Revision No. 102 of 2010 upholding the order dated 22.10.2010 passed by Judge Small Causes Court in S.C.C. Suit No. 189 of 2007, whereby the suit of the plaintiff for arrears of rent and ejectment filed on the ground of default in payment of rent and denial of title of the landlord was decreed. Brief facts of the case are as follows:-

(2.) The suit property was purchased by the plaintiff/respondent vide sale deed dated 19.05.2007 from one Smt. Naseema Begam. The plaintiff/respondent issued a notice under Sec. 106 of T.P. Act to the petitioner/tenant demanding the arrears of rent and terminating the tenancy of the petitioner. The notice was followed by a S.C.C. Suit No.189 of 2007 for arrears of rent and ejectment. It was stated in the plaint that the property in dispute was purchased by the plaintiff on 19.05.2007 and despite notice of demand issued by the plaintiff to the petitioner, rent was not paid by the petitioner. The petitioner filed its written statement denying and disputing the allegation made by the plaintiff/respondent in the plaint and further denied the existence of the landlord-tenant relationship between the parties.

(3.) The Trial Court after considering the material available on record decreed the suit in favour of the landlord. Feeling aggrieved and dissatisfied with the judgement and order passed by the Trial Court, the petitioner filed a S.C.C. Revision, which was dismissed by order dated 06.02.2012. Hence the present writ petition.