RAHUL UPADHYAY Vs. NAFIS

JUDGEMENT

(1.) This revision under Section 25 of the Provincial Small Cause Courts Act, 1887 (Act No. 9 of 1887) is directed against the order dated 23 October 2009 passed by the 4th Additional District Judge, Banda dismissing the restoration/ recall application and application under Section 5 of the Limitation Act, 1963 in JSCC Suit.

(2.) Shorn of unnecessary details the brief facts are; the revisionist is the owner of a shop in Aliganj Banda. The sole opposite party is a tenant in the said shop at the rate of Rs. 500/- per month. The revisionist instituted a JSCC Suit in the court of Judge, Small Causes, Banda being JSCC Suit No. 3 of 2006 for the ejectment and the for the recovery of arrears of rent. He also prayed for mesne profits during the pendency of the suit at the rate of Rs. 1,000/- per month.

(3.) The revisionist / plaintiff's case was that he has purchased three shops from Sri Akhtar Husain Khan through registered sale deed dated 27 August 2001. The sole opposite party was occupying one shop on the date of sale, therefore, he became tenant of the revisionist/ plaintiff from the date of sale. It was stated that the disputed shop was newly constructed in the year 1992 and the Uttar Pradesh Urban Buildings (Regulation of Letting, Rent and Eviction) Act, 1972 (U.P. Act No. 13 of 1972) is not applicable. The sole opposite party did not pay the rent and as such the revisionist-plaintiff served a registered notice dated 30.12.2004 on the sole opposite party herein.