GYAN PRAKASH GUPTA Vs. AHMAD MAQSOOD NAQUVI

JUDGEMENT

(1.) Heard Sri Arun Saxena, learned counsel for the revision applicant and Sri Aslam Khan, learned counsel for the opposite party.

(2.) This revision petition has been filed under Section 25 of the Provincial Small Causes Courts Act challenging the judgement and order dated 25.09.2013 whereby SCC Suit preferred by the opposite party for eviction, recovery of rent and damages for use and occupation of the shop in question has been decreed.

(3.) The opposite party filed a suit for recovery of rent, eviction and payment of damages for use and occupation of shop no.9, situate in Nagar Palika market, old Galla Mandi, city of Lakhimpur which is bounded on the east by shop of Nagar Palika, on the west by a lane, on the north by shops of Nagar Palika and on the south by a road. The suit was filed with the plaint allegations that the revision applicant-defendant has not made payment of rent of the shop from the month of January, 2008 till August, 2008 and accordingly, a notice on 06.09.2008 was sent to him demanding the rent, however, even after receipt of notice, the defendant did not make the payment of rent and since the notice period expired on 07.10.2008, the tenancy stood terminated and since then occupation of the shop in question is unlawful and hence, the plaintiff is entitled to be paid the amount not only of the rent which is due but also the damages for illegal use and occupation of the shop in question and further he is also entitled to get the defendant evicted.