OM PRAKASH TRIPATHI Vs. RAMESH KUMAR HEMRAJANI

JUDGEMENT

(1.) HEARD learned counsel for the parties. This is tenant's revision directed against judgment and decree dated 22.10.2012 passed by Judge Small Causes Court/Additional District Judge, Court No. 5. Kanpur Nagar in Ramesh Kumar Hemrajani v. Om Prakash Tripathi, SCC Suit No. 80 of 2009. The suit had been filed by landlord -respondent for eviction of tenant applicant from the tenanted premises in dispute consisting of three rooms, verandah and other amenities situate at Jawahar Nagar, Kanpur Nagar rent of which was Rs. 240 per month. Landlord did a fantastic thing. He gave notice dated 17.3.2008 and enhanced the rent to Rs. 5,700 per month prospectively. In the plaint rent at the old rate of Rs. 250 per month was sought to be recovered from 23.1.1987 to 29.2.2008 and with effect from 1.3.2008 at the rate of Rs. 5,700 per month. Court below rightly held that by giving notice rent could not be enhanced. Thereafter through notice dated 22.5.2008 tenancy was terminated. In reply to the notice tenant sent money order of Rs. 29,500. Rent from 23.1.1987 to 22.2.2008 at the rate of Rs. 250 per month comes to Rs. 66,225.

(2.) THE tenant pleaded that he was depositing the rent in a case under Section 30 of U.P. Act No. 13 of 1972, Om Prakash Tripathi v. Smt. Bhagwani Devi, Misc. Case No. 266/70 of 1987. Rent in the said case was deposited from 23.1.1987 to 22.8.2001. In the suit giving rise to the instant revision tenant deposited Rs. 7,080.

(3.) SMT . Bhagwani Devi died on 1.1.1997.