ANOOP MEHRISHI Vs. ASHOK KUMAR MISHRA

JUDGEMENT

(1.) This revision under Sec. 25 of the Provincial Small Cause Courts Act, 1887 is directed against an order of Mr. Devashish, Additional District Judge, Court No.10, Varanasi, sitting as the Judge, Small Cause Court dtd. 5/4/2022, striking off the tenants' defence under Order XV Rule 5 of the Civil Procedure Code, 1908 (for short, 'the Code').

(2.) The plaintiff-respondent, Ashok Kumar Mishra, who shall hereinafter be referred to as 'the landlord', instituted S.C.C. Suit No. 5 of 2022 in the Court of the District Judge, Varanasi (sitting as the Judge, Small Cause Court) against the defendantrevisionists (for short, 'the tenants'), seeking a decree for eviction of the tenants from the shop detailed at the foot of the plaint. In addition, a decree for recovery of arrears of rent to the tune of Rs.2,69,237.00 for the period 2/4/2017 to 12/3/2020 was sought. A further sum of Rs.32,013.00 was claimed as mesne profits for the period 13/3/2020 to 8/7/2020. These claims apart mesne profits at the rate of Rs.8545.00 per month were claimed pendente lite and future till delivery of actual physical possession to the landlord. The aforesaid suit was instituted by the landlord, seeking the tenants' eviction from a shop admeasuring 350 square feet, situate in premises No. B30/2A-3, Prafull Nagar Colony, Lanka, District Varanasi.

(3.) The tenants have put in their written statement dtd. 23/3/2021, denying the plaint allegations. In substance, the defence taken by the tenants is that though they entered the premises as tenants on a rent of Rs.5000.00 per month and paid a sum of Rs.3,00,000.00 as security in terms of a rent agreement dtd. 23/12/2008, but during the currency of the tenancy, parties have entered into a registered agreement to sell dtd. 22/6/2011, where the landlord has covenanted to sell the demised shop to the tenants for a total sale consideration of Rs.17,50,000.00. It is also the tenants' defence that a sum of Rs.7,50,000.00 has been accepted as earnest. It is also pleaded that the tenants have been delivered possession in part performance of the registered agreement to sell. The landlord has of his own given up his right to receive rent after the month of January, 2011, when he received it last.