GAYA PRASAD SHARMA Vs. NIMITA AGRAWAL

JUDGEMENT

(1.) Heard Sri A.P. Tiwari, Advocate holding brief of Sri O.P. Katiyar, learned counsel for the defendant/revisionist and Sri Prashant Sharma, Advocate appearing on behalf of plaintiff/respondent.

(2.) This revision under Sec. 25 of the Provincial Small Cause Court Act is preferred against the judgment and decree dated 08.05.2013, passed by the Judge Small Cause Court Act/Additional District Judge, Court No. 1, Farrukhabad in SCC Suit No. 4 of 2007 (Smt. Namita Agrawal Vs. Gaya Prasad Sharma) .

(3.) Learned counsel for the revisionist has submitted that the finding recorded by the court below on issue no. 4 and 5 is illegal and hence, the notice alleged to have been sent by the plaintiff/respondent was invalid and there was no default or arrears in payment of rent by the revisionist. He further submits, that the court below had no jurisdiction to entertain the suit since the provisions of Act No. 13 of 1972 do not apply on the instant premises which is shop.