UMESH CHAND Vs. PAPPU

JUDGEMENT

(1.) Heard Mr. Gaurav Gautam, learned counsel for the plaintiffrevisionist and Ms. Babita Upadhyay, learned counsel for the defendant-respondent.

(2.) The present revision has been filed with the prayer to set aside the judgement and decree dtd. 20/2/2021 passed by Judge, Small Causes/Additional District Judge, Bulandshahr in Small Causes Case No.6 of 2017 (CNR No.UPBU07000992017) by which suit filed by the plaintiff-revisionist was dismissed.

(3.) The facts in brief as contained in the affidavit filed in support of the present revision are that the plaintiff-revisionist filed a case being Small Causes Case No.6 of 2017 in the Court of Small Causes Court/ Additional District Judge, Bulandshahr, for arrear of rent and ejectment of the defendant-respondent from the shop in dispute situated at Mohalla Nehruganj, Kasba, Pargana and Tehsil Anupshahr, District, Bulandshahr. The plaintiff had let out his shop to the defendant-respondent on rent of Rs.4,000.00 per month. The rent was not received from defendant since 1/3/2015, and the defendant is continuously using the shop in question. In this regard, a registered notice under Sec. 106 of Transfer of Property Act, was sent by the plaintiff-revisionist to the defendantrespondent on 18/9/2017 but the premise in question was not vacated by the defendant-respondents, hence the suit was filed.