SARDAR MALKEET SINGH GILL Vs. HARKEERAT SINGH DHILLON

JUDGEMENT

(1.) This writ petition by the tenant challenges the validity of the order dated 09.09.2013, passed by the learned Additional District Judge, Lucknow, dismissing the revision petition preferred by the petitioner under Sec. 25 of the Provincial Small Cause Courts Act 1887 (hereinafter referred to as 'Act') against the order dated 03.11.2010, passed by the Judge, Small Causes, Lucknow whereby the application preferred by the petitioner under Sec. 17(1) of the Act and the application under Order 9, Rule 13 of the Code of Civil Procedure (hereinafter referred to as 'CPC') for setting aside exparte judgment and decree dated 18.11.2008, passed by the learned trial court were rejected.

(2.) Heard Sri P.S. Mehra, learned counsel for the petitioner and Sri Ratan Kant Sharma, learned counsel appearing for the sole respondent.

(3.) To bring home the facts of the case, it may be recorded that the sole respondent filed a suit for recovery of rent and ejectment before the Judge, Small Causes, Lucknow on the allegation that he is owner and landlord of House No. 279/54/13 Ka, situate at Sardar Chuhar Singh Colony, Pandariba, Police Station Naka Hindola, Lucknow which on the first floor is under the tenancy of the petitioner. It was further averred by the respondent that the premises in question was let out by him to the petitioner on monthly rent of Rs. 300.00 per month. Water and sewer bills were also being paid by the petitioner. Further allegation made in the plaint was that petitioner had not paid the rent since Dec., 2006 and had also not paid water and sewer charges which ought to have been paid by him and, thus, the petitioner had been committing continuous willful default, therefore, he cannot be permitted to retain the premises in question and his possession is illegal. The prayer made in the suit was that a decree for ejectment be passed and the petitioner be directed to handover the vacant possession of the premises and further that decree for recovery of arrears of rent and also decree for arrears of water and sewer tax be also passed. It was further prayed that decree for recovery of damages for use and occupation of the premises and for pendente lite and future interest/damages be also passed.