REKHA SINGH Vs. ANIL KUMAR GUPTA

JUDGEMENT

(1.) Heard Sri K.K.Tripathi, learned counsel for the revisionist and Sri Om Prakash, learned counsel appearing for the respondent. With the agreement of both the learned counsel for the parties, the present revision is being finally disposed of.

(2.) The present revision has been filed against the judgment and order dated 17.7.2009 passed in SCC Suit No. 54 of 2003. The respondent had filed the aforesaid suit for ejectment and eviction of the revisionist from Shop No. 42, upper ground floor, Premises No. 108/198, Seesamau Bazar, Kanpur Nagar. The finding that has been recorded by the court below is that the revisionist was a tenant in the aforesaid shop and the plaintiff was the landlord and the agreed rent was Rs. 2100.00 per month. It also recorded a finding that the notice for eviction was issued by the landlord upon the tenant on 29.7.2003 which was served upon the tenant on 31.7.2003. The notice became effective after lapse of a period of one month,i.e., 31.8.2003. In spite of notice when the revisionist did not vacate the premises the said suit was filed.

(3.) A categorical finding has been recorded by the court below that the notice is a proper notice, which was served upon the defendant, which fact has not been denied and in view of Sec. 116 of the Transfer of Property Act (in short the Act) the defendant-revisionist was liable to be ejected and an order has been passed for ejectment.