MUKESH CHANDRA AGGRAWAL Vs. KAMLESH JAIN

JUDGEMENT

(1.) The petitioner/tenant is assailing the order dated 1 July 2010 passed in SCC Revision No. 57 of 2008 by the Additional District Judge/Special Judge, SC/ST Act, Jhansi arising out of an order dated 9 April 2008 passed by the Small Cause Court at Jhansi decreeing the suit for eviction and damages. The petitioner is a tenant of two shops of which the respondent is the owner and landlord. The plaint case of the respondent/landlord was that the petitioner is a tenant since 1991 who defaulted in payment of rent, further, it was alleged that the petitioner had removed the partition wall of the two shops converting it into a single shop, therefore, had materially altered the face and structure of the shop. The respondent, therefore, terminated the tenancy by notice dated 16 June 2006. The trial court formulated six issues upon exchange of pleadings. The suit was decreed.

(2.) The petitioner is assailing the order in writ jurisdiction under Article 226 of the Constitution of India.

(3.) Further, the landlord though filed his written statement but failed to appear in the witness box to state his own case on oath nor offered himself in cross-examination, therefore, an adverse inference would be drawn against him in view of the Section 115 of the Evidence Act.