(1.) This is a revision under Section 25 of the Provincial Small Cause Courts Act, 1887 (Act No. 9 of 1887) preferred by a tenant against the order of the Judge, Small Causes Court, whereby landlord's suit for the arrears of rent and eviction has been decreed.
(2.) Briefly stated the facts are; the respondent-landlord had let out a shop, bearing Municipal number Shop No. 3 of House No. 457 (for short, "disputed shop") to one Madan Lal at the rate of Rs 450 per month. In November 2003 a dispute arose between parties in respect of enhancement of the rent. According to the Land lord a settlement arrived at between the parties to enhance the rent at the rate of 1250 per month and he also agreed that after every three years rent shall be enhanced at rate of 10%.
(3.) After the said settlement, it is stated that tenant continued to pay the rent at the enhanced rate but from November 2005 they stopped the payment of the rent completely. The tenant Sri Madan Lal unfortunately passed away on 7.1.2007. After his death his wife, revisionist no. 1 and his son revisionist no. 2, inherited his tenancy.
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