AMAR NATH(SINCE DECASED) Vs. RAM MURTI DEVI

JUDGEMENT

(1.) HEARD Sri Manish Goyal, Advocate assisted by Sri Archit Mehrotra, learned counsel for revisionists and Sri Kshitij Shailendra, Advocate for respondents.

(2.) THIS civil revision has arisen from the judgment dated 21.02.2013 passed by Small Cause Court, Hathras in SCC Suit No. 09 of 1997. The plaintiff-respondent instituted small cause suit for a decree of ejectment against defendants-revisionists and recovery of Rs. 30,590/- (arrears of rent and damages for use and occupation) alongwith pendente lite and future damages at the rate of Rs. 1092.50 per month.

(3.) THE defendants contested the suit alleging that rate of rent is Rs. 710/- per month excluding house tax and water tax, which they (tenants) are regularly depositing with concerned department and neither there is any default in payment of rent nor the shop has been sub-let to anyone. The court below formulated five issues and for the purpose of present revision the issues No. 2, 3 and 4 are relevant, hence reproduced as under: .........[vernacular ommited text]...........