KAMMO Vs. CHANDRA SHEKHAR GUPTA

JUDGEMENT

(1.) This revision under Section 25 of the Provincial Small Cause Courts Act, 1887 ('Act' in short) is directed against the judgment and decree dated 17.09.2008 passed by Sri P.P. Tiwari, Additional District Judge/Small Cause Courts, Lucknow decreeing the SCC Suit No. 11 of 2006 for the ejectment of defendant as well as payment of decretal amount and damages for future use and occupation.

(2.) I have heard Sri V.P. Nagaur, learned counsel for the revisionist and Sri D.K. Shukla, learned counsel for the respondent.

(3.) Briefly stated facts are that Chandra Shekhar Gupta filed a Suit (SCC Suit No. 11 of 2006) for the ejectment and the arrears of rent alleging that he was owner and landlord of House no. M-1A, Gol Market, Mahanagar, Lucknow, Sri Ali Raza was tenant of the basement of the premises on a monthly rent of Rs. 2400/- and other taxes who died in the year, 1997, whereafter his wife Smt. Kammo approached the plaintiff to continue the tenancy. Consequently, fresh lease deed was executed on 12.10.1997 for a period of three years. Said period expired on 12.10.2000 but neither defendant approached for renewal of the tenancy nor she vacated the premises. From July, 2004 the defendant stopped payment of the rent. Tenancy started from first of every month to last day of the month. Provisions of U.P. Act No. 13 of 1972 were not applicable. Plaintiff served a notice dated 18.03.2005 demanding arrears of rent whereupon a sum of Rs. 6400/- was paid. By notice dated 31.12.2005 the tenancy was terminated on the expiry of 30th day from the receipt of the notice asking tenant to vacate the premises. Notice determining tenancy was served on 02.02.2006 which ultimately led to cause of action. Sum of Rs. 71,545/- was claimed as arrears of rent from July, 2004 to December, 2005. Moreover, ejectment of the tenant from premises in dispute was claimed. Further prayer for Rs. 4,000/- as damages from 03.02.2006 to 10.02.2006 and damages for future use at the same rate was also made.