KRISHNAKANT SINGH Vs. ANANT KUMAR BAHUDAR

JUDGEMENT

(1.) The instant SCC Revision arises out of the judgment and decree dated 15.11.2003, passed by Judge Small Causes/Additional District Judge, Court No.4, Hardoi in SCC Suit No.2/2002, whereby the SCC Suit has been decreed with cost directing the revisionist to vacate the premises in dispute within two months and also pay a sum of Rs. 15,200.00 as arrears of rent and 1000.00 per month towards the damages for wrongful use and occupation, till the date of handing over possession.

(2.) Briefly stated the facts of the case are, that the opposite party filed a suit of arrears and ejectment against the revisionist with the allegation that he was owner and land lord of a house situated at Mohalla Nagheta Road, Hardoi, in which the revisionist was tenant @ Rs. 1000.00 per month. It was also stated that the revisionist failed to pay the rent with effect from Aug., 1997, and, as such a sum of Rs. 12,000.00 became due. The opposite party then served a notice on 19.8.1998 terminating the tenancy of the revisionist and asking him to vacate the premises within a month from the date of receipt of notice. Since the notice was not complied with, the opposite party filed a suit for recovery of arrears of rent and ejectment.

(3.) The revisionist filed written statement admitting that he was tenant in the premise in question but stated that the rate of rent was not Rs. 1,000.00 per month as alleged by the opposite party. The rate of rent as agreed between them was only Rs. 200.00 per month. It was also stated in the written statement that he had deposited the entire arrears of rent before the court on the first date of hearing.