STATE OF U.P. Vs. BEENA BHARGAVA

JUDGEMENT

(1.) On 26.4.2013 delay in filing revision was condoned and learned standing counsel for the applicant and Sri Siddharth, learned counsel for landlord respondent who had appeared through caveat were heard on merit of the revision.

(2.) This revision is directed against judgment and decree dated 22.10.2012 passed by J.S.C.C./A.D.J. Court no.7, Varanasi in S.C.C. Suit no.1 of 2011, Smt. Beena Bhargava Vs. State of U.P. through Collector and another. Through the said decree suit for eviction of the tenants applicants from tenanted accommodation has been decreed and rent/damages for use and occupation w.e.f. 1.2.2011 till the date of the filing of the suit @ of Rs.2734/- per month have been directed to be paid along with 12% annual interest. Damages for use and occupation pendente lite and future till actual eviction @ of Rs.100/- per day have also been awarded by the decree. Accommodation in dispute is doubled storied containing six rooms two bath rooms, two store rooms, garrage and Varanadaha. Defendant applicant no.2 is District Cane Development Officer Bulandshahar who took the building in dispute on rent for establishing its office. A rent note was also executed on 30.7.2001 signed by plaintiff landlord and District cane officer Bulandshahar copy of which is Annexure 1 to the affidavit filed in support of the stay application. The tenancy was continuing since much before i.e. from 1.10.1986 as mentioned in Clause 1 of the rent note it was stipulated that rent would be Rs.2104/- per month. In Clause 9 it was mentioned that the agreement would be for three years and in case the tenant continued to retain the tenanted building in his tenancy thereafter rent would be enhanced by 10%.

(3.) In the plaint it was stated that rate of rent was Rs.2734/- per month which was not denied. Tenancy was terminated through notice dated 27.10.2010 receipt of which was admitted by the tenant applicant.