RAVINDRA NATH GUPTA Vs. KISHNA AGARWAL

JUDGEMENT

(1.) This revision under Sec. 25 of S.C.C. Act is directed against the decree dated 03.01.2012 passed by Small Causes Court/Additional District Judge, court no. 4, Hardoi in S.C. Case No. 1/08, dismissing the suit for eviction.

(2.) It appears that a Suit had been filed by the plaintiff alleging that defendant Sri Krishna Agarwal is tenant in the shop in dispute @ Rs. 1000.00 per month. Plaintiff had given a notice under Sec. 106/111 T.P. Act to tenant on 02.02.2008 which was served on the same day. Neither tenant paid the arrears of land nor vacated the shop which led to cause of action.

(3.) Defendant in his written statement admitted plaintiff as landlord and himself as tenant of the shop. Tenant denied rest allegations. Defence case was that the tenancy was at the rate of Rs. 450.00 per month and at this rate rent has been deposited before Civil Judge (J.D.) under Sec. 30 of U.P. Act no. 13 of 1972. Moreover, he has deposited the entire rent, interest etc. under Sec. 20(4) of the Act. Defendant had filed a Civil Suit earlier being Civil Suit No. 260 of 2005 before Civil Judge (J.D.) against landlord which was decreed on 16.04.2010 and plaintiff was restrained from evicting the tenant except in accordance with law.