SRIRAM GUPTA Vs. SHAFIQUIRRAHMAN AND OTHERS

JUDGEMENT

(1.) Sri Venu Gopal, learned counsel for the Revisionist and Sri Saurabh Srivastava, learned counsel for the Respondent Nos. 1 and 2 were heard.

(2.) This Civil Revision under Sec. 25 of the Provincial Small Cause Courts Act, 1887 has been preferred by the tenant-revisionist against the judgment, order and decree dated 7.5.2012 passed by the Additional District Judge,Court No.14, Kanpur Nagar exercising powers of the Judge Small Cause Court, in SCC Suit No. 58 of 2004, Shafiquirrahman and another Vs. Sriram and another . The court below has decreed the suit of the landlords for arrears of rent and eviction in respect of a shop which is a part of house No. 103/357, Bakarmandi, Colonelganj, Kanpur Nagar.

(3.) The landlord-respondent Nos. 1 and 2 instituted the above suit on the allegation that the provision of U.P. Act 13 of 72 are not applicable to the said shop. The tenant-defendant No.1 was inducted as a tenant in the shop on monthly rent of Rs. 1,250 which he has not paid since 1.5.2003. He has also inducted a sub tenant, defendant- Respondent No.3 without their permission on a rent of Rs. 1,500 per month in part of the said shop. A notice of demand and termination of tenancy dated 8.8.2003 was issued and was served upon the tenant on 9.8.2003 but he failed to respond. Therefore, the landlords are entitled to a decree of arrears of rent and eviction of the tenant.