KISHAN LAL GULATI Vs. LAKHI DARYANI

JUDGEMENT

(1.) Heard Sri Ratan Kant Sharma learned counsel for the revisionist and Sri S.K. Mehrotra for the opposite parties.

(2.) Revisionist is the owner and landlord of Building No. 6-A, Pratap Market, Aminabad, Lucknow. He let out a shop consisting of Ground Floor and basement to the opposite party on a monthly rent of Rs. 900/- per month. Opposite party shifted his business to a shop in Pahwa Building, Pratap Market, Aminabad, Lucknow illegally and unauthorizedly sublet the shop in question to one Jai Kishan Daryani. Revisionist sent a notice on 16.6.2000 to the opposite party about his illegal subletting. In the month of June, 2007 the opposite party again illegally sublet the shop in question to one Kanhiya Hemwani on a monthly rent of Rs. 20,000/- p.m. and did not pay the rent to the revisionist from April, 2007. Revisionist sent a composite notice on 15.12.2009 terminating tenancy and demanding arrears of rent and damages for use and occupation. On 16.12.2009 the notice was duly served on the opposite party.

(3.) Revisionist filed S.C.C. Suit No. 9 of 2010, Kishan Lal Gulati vs. Lakhi Daryani, before the District Judge, Lucknow on which order was passed to register the case and issue notice to defendant, fixing 2.4.2010 and the case was transferred to the court of Additional District Judge, Court no. 13, Lucknow. Additional District Judge, Court no. 13, Lucknow again issued notices by both ways fixing 20.5.2010 for written statement. The notice by registered post was served personally on 24.4.2010. Notice by the process server was also served personally on the opposite party on 25.4.2010.