RAM LAKHAN GUPTA Vs. TAKSAL THEATRE PVT. LTD.

JUDGEMENT

(1.) This civil revision under section 25 of Provincial Small Causes Court, 18871 has been preferred by a tenant/revisionist against the judgment and decree dated 25.11.2009 passed by the Additional District Judge, Varanasi for the arrears of rent and his ejectment in SCC suit.

(2.) Briefly stated the facts are that Ms Taksal Theaters Private Limited is a Company registered under the Indian Companies Act, 1956. The Taksal Theater building situate at Nadesar in Varanasi. The tenant-revisionist is a tenant of 3rd floor in the said building. The accommodation in question is 25' x9'' x 9' x 2'' x 18' 6'' total area is 380.80 square feet. The said portion was let out to the tenant-revisionist in February, 1988. According to the landlord the present rent of the building is Rs.2687/- per month including the service charges. The landlord claims that the provisions of the U.P. Act No. 13 of 1972 are not applicable to the said building as the rent is above Rs.2000/- per month.

(3.) The landlord on 28.4.2007 issued a composite notice of demand terminating the tenancy and called upon the tenant to vacate the premises after the thirty days time from the date of receipt of the notice. The said notice was served on 30.4.2007, but the tenant did not vacate the premises within stipulated period and submitted a reply on 10.5.2007. The landlord instituted a suit in small cause court, Varanasi being Suit No. 16 of 2007 for the eviction of the tenant-revisionist and for the recovery of arrears of rent amounting to Rs. 9516/- and the damages.