MUNNA Vs. SURENDRA KUMAR JAISWAL AND OTHERS

JUDGEMENT

(1.) Heard Sri Rajiv Lochan Shukla, learned counsel for applicant and Sri V. Saxena and Sri Sanjay Agarwal, learned counsel for respondents, who have appeared through caveat.

(2.) This revision under Sec. 25 of Provincial Small Causes Court Act has been filed by the tenant and is directed against judgment and decree dated 17.12.2012 passed by J.S.C.C./ A.D.J., Court No.6, Varanasi decreeing the suit for eviction (S.C.C. Suit No.6 of 2009), which had been filed by the landlords respondents No.1 to 3 against tenant petitioner.

(3.) The case of the landlords was that applicant was inducted as tenant in the shop in dispute in the year 1990 for five years and the agreement of tenancy was extended twice for five years period each. The last agreement extension was dated 17.11.2000 for five years and at that time Rs. 30,000.00 had been deposited by the tenant which amount under the agreement was to be returned when tenant vacated the shop. It was further pleaded that it was agreed in 2000 that rate of rent would be Rs. 400.00 per month and after five years rent would be increased by Rs. 200.00 per month hence w.e.f. Dec., 2005, the rent stood enhanced to Rs. 600.00 per month and that since Sept., 2005 rent had not been paid. It was further pleaded that in Dec., 2005, five years had expired hence defendant was asked to execute fresh agreement of tenancy but he refused, and that tenancy was terminated through notice, which was refused to be accepted by the tenant on 14.07.2008. Suit was filed after expiry of six months from the date of notice.