ISLAM Vs. SAURABH SINGH

JUDGEMENT

(1.) Heard Sri S.F.A.Naqvi, learned counsel for the petitioner.

(2.) Vide judgment dated 16.5.2012, suit filed by the respondents, for payment of arrears of rent and eviction of the petitioner from the accommodation in dispute, has been decreed, whereas by the subsequent order dated 3.8.2013, revision filed by the petitioner challenging the judgment and decree dated 16.5.2012 has been dismissed.

(3.) The facts giving rise to this case are that it appears the respondents have purchased the building in dispute in the year 2003 and became landlord of the house. The petitioner, who was sitting tenant of one room on the western side of the building along with a latrine and sahan, has paid rent upto April, 2008 and thereafter since May, 2008, he has stopped the payment of rent. Consequently the landlord has given a notice under Section 106 of Transfer of Property Act terminating the tenancy of the petitioner and also for payment of arrears of rent with effect from May 2008 to October, 2010 etc. The notice was served upon the petitioner on 6.10.2010 but he has neither paid the rent nor vacated the premises. Consequently, the respondents have filed S.C.C. Suit No. 105 of 2010 with the allegations that the petitioner has not paid the rent since May, 2008 to October 2010 with the prayer to evict the the petitioner from the accommodation in dispute and thereafter deliver the possession of the accommodation in dispute to the plaintiffs/respondents. The prayer has also made for decreeing the suit for payment of rent of Rs. 603.35 from 1st May, 2008 to 5th November, 2010 and damages at the rate of Rs. 28 per month.