KEDAR NATH GUPTA Vs. SANJAY KUMAR

JUDGEMENT

(1.) Despite sufficient notice, nobody has put in appearance on behalf of the respondent.

(2.) Sri R.N. Tilhari, learned counsel for the revisionist-plaintiff has shown his willingness to argue the matter, hence this Court proceeds for final hearing as this matter is being listed for hearing today.

(3.) In short the facts of the case are that the plaintiff-revisionist has filed S.C.C. Suit No. 3 of 2011 against the respondent for arrears of rent, damages and eviction from the house situated in Mohalla Govindbagh, Gudmandi, Tehsil and District Balrampur, claiming himself to be the owner of the house in question. It has been alleged that earlier the father of the respondent was tenant of the house in question, thereafter on his vacating the same, his son respondent became the tenant of the house in question @ Rs.400.00, and since Jan., 2009 he has paid the rent in spite of demand being made by the plaintiff and filed Regular Suit No.684 of 2010 alleging himself to be the owner of the house in question. For the reason thereof, the tenancy of the respondent has automatically terminated. Thereafter, the plaintiff has sent a registered notice dated 1.6.2011 to the respondent demanding the arrears of rent and damages since Jan., 2009. Since the respondent has neither paid the rent nor vacated the house in question, hence the S.C.C. Suit has been filed by the plaintiff.