RAMESH CHANDRA GUPTA Vs. MURLIDHAR GUPTA AND ANOTHER

JUDGEMENT

(1.) Heard Smt. Farida Jamal learned counsel for the petitioner and Sri Gopal Krishan Pandey for the respondents and with the consent of learned counsel for the parties this writ petition is being decided finally today itself since all the parties are represented.

(2.) This writ petition is directed against the order dated 05.10.2012 passed in SCC Suit No. 05 of 2002 (Murlidhar Gupta and Another Vs. Ramesh Gupta) by the Civil Judge (Senior Division), Mau whereby the suit of the plaintiff respondent for arrears of rent and eviction has been decreed as also the revisional order dated 14.08.2013 passed by the District Judge, Mau in Civil Revision No. 78 of 2012 (Ramesh Chandra Gupta Vs. Smt. Prakash Gupta) whereby the revision has been allowed partly and the order of the Judge Small Causes has been modified but the eviction of the petitioner has been maintained.

(3.) According to learned counsel for the petitioner the Trial Court on issue no. 5 has based its finding in presumptions and hence it is liable to be set aside. She submits that the rent of the premises in question was Rs. 150.00 per month and to such effect the money order was sent @ of Rs. 150.00 per month with a noting therein hence it could not have been disbelieved only on presumptions. According to learned counsel the other evidence filed by both the parties was in the form of affidavit and statement of PW and DW. According to her the revisional court has also committed the same illegality in holding that the rent of the premises in question was Rs. 300.00 per month.