RAJIV NATH AGRAWAL Vs. ANKUR AGRAWAL

JUDGEMENT

(1.) THIS is a tenant's revision under Section 25 of the Provincial Small ause Courts Act against the judgment and decree dated 31-10-2003 passed by Addl. District Judge, Court No. 3, Pilibhit, a Small Cause Court, in S.C.C. Suit No. 22 of 1997, between Ankur Agarwal and Rajiv Nath Agarwal, for eviction and arrears of rent.

(2.) I have heard Sri B.N. Agarwal for revisionist-tenant and Sri M.K. Gupta for opposite party-landlord.

(3.) THE defendant-revisionist denied the plaint's allegations. It was stated in the written statement that the shop in dispute was taken on rent in 1975 and since thereafter the rent was paid regularly. The shop in dispute fell in the share of uncle of the plaintiff. The plaintiff was minor and that his mother Uma Agarwal purchased the property from his uncle as his guardian in the year 1989. The tenant started paying the rent to Uma Agarwal. In 1991, the rate of rent was Rs. 500/- per month and thereafter in 1996, it was increased to Rs. 625/- per month. The defendant is related to the plaintiff, and placing trust on the relationship, his mother took Rs. 15,000/- as advance rent vide receipt dated 23-4-1996, mentioning thereon that it was in lieu of the rent from 1-4- 1996 to 31-3-1998. The defendant-tenant stated that the shop was constructed prior to the year 1975 and is not a new construction and that in case any map was sanctioned by the Nagar Palika, the same cannot give any benefit to the plaintiff in establishing that shop in dispute is a new construction.