REGENT COMPUTRONICS PVT. LTD.

K.K. Kamani Appellant

V/S

Harish Kumar And Ors. Respondents

Referred Judgements :-

CHANDRA BALI VERMA VS. MOTI LAL DWIVEDI [REFERRED TO]
MST. SHIMLA DEVI VS. DDC [REFERRED TO]
MST. NASIBAN VS. MOHAMMAD SAYED [REFERRED TO]
VENKADARI SOMAPPA VS. VENKADARI SOMAPPA [REFERRED TO]
SANJIB CHANDRA SANYAL VS. SANTOSH KUMAR [REFERRED TO]
KOMIRESETTI SATYANARAYANA VS. KOMIRESETTI SATYANARAYANA [REFERRED TO]
DAMMULAL BABULAL JAIN VS. MOHAMMAD BHAI HAJI SULEMAN KACCHI [REFERRED TO]
VENKATA SESHAYYA VS. DISTRICT BOARD,EAST GODAVARI [REFERRED TO]
KIRPAL KUAR VS. BACHAN SINGH [REFERRED TO]
PADMA VITHOBA CHAKKAYYA VS. MOLID MULTANI [REFERRED TO]
MATTAPALLI CHELAMAYYA VS. MATTAPALLI VENKATARATNAM [REFERRED TO]
KALE VS. DEPUTY DIRECTOR OF CONSOLIDATION [REFERRED TO]
MANGAL SINGH VS. TEK RAM [REFERRED TO]
HAMIR RAM VS. VARISANG RAIMAL [REFERRED TO]
JAI NARAIN DASS VS. ZUBEDA KHATOON [REFERRED TO]
SHYAM SUNDER VS. SIYA RAM [REFERRED TO]
RAM SWAMP JAIN VS. SRI JANKI DEVI BHAGAT TRUST [REFERRED TO]
ARSHAD ALI KHAN VS. STATE OF U P [REFERRED TO]
HARI LAL VS. AMRIK SINGH [REFERRED TO]
SALLOMAL VS. NAINA BAI [REFERRED TO]
SARDAR AMAR SINGH VS. SURINDER KAUR [REFERRED TO]
RAMLING PARVATAYA SAMBLE VS. BHAGVANT SAMBHUAPPA [REFERRED TO]
N M S S SUBRAMANIAN CHETTIAR VS. SMAMARUNACHALAM CHETTIAR [REFERRED TO]
N M S S SUBRAMANIAN CHETTIAR VS. SMAMARUNACHALAM CHETTIAR [REFERRED TO]
Ram Kishore VS. Ambika Prasad [REFERRED TO]
JAMES SKINNER VS. R. H. SKINNER [REFERRED TO]
RAMLAXMI RANCHHODLAL VS. BANK OF BARODA LTD [REFERRED TO]
LALA FATEH CHAND VS. RADHA RANI AND ORS [REFERRED TO]

JUDGEMENT

(1.) This revision at the instance of defendant-revisionist K.K. Kamani under section 25 of Provincial Small Cause Courts Act, 1887 (hereinafter referred to as "Act, 1887") has arisen from judgment and decree dated 8th August, 2002 passed by Sri Gopal Krishna Chaturvedi, Additional District Judge, Court No. 8, Kanpur Nagar in Small Cause Suit No. 11 of 1998 (Harish Kumar and others Vs. K.K. Kamani). Trial Court has decreed the suit for recovery of arrears of rent of Rs.1,08,000/-, damages of Rs.30,200/- and mesne profit @ Rs.3,000/- per month for the period suit remained pending till actual delivery of possession, with further direction to hand over vacant possession of disputed premises to plaintiff-respondents.

(2.) Dispute relates to house No. 117/580 (new no. 117/H-1/149), Pandu Nagar, Kanpur. Defendant-revisionist, was let out a part of the aforesaid house on ground floor comprising of a drawing room, three bedrooms, two kitchens, two latrines and bathroom.

(3.) Plaintiff-Respondents instituted SCC Suit No. 11 of 1998 stating that aforesaid premises was let out to defendant-revisionist tenant on a monthly rent of Rs.3,000/-. An agreement dated 09.09.1988 was executed wherein parties agreed for enhancement of rent by 15% after expiry of every two years without any further or fresh agreement. Defendant revisionist fell into arrears of rent since 01.08.1988. A composite notice of demand and termination of tenancy was given by landlord which was served upon defendant on 03.04.1997. Neither notice was complied nor premises in question was vacated. Premises in dispute was exempted from U.P. Act No. 13 of 1972 (hereinafter to referred as "Act, 1972") since monthly rent was more than Rs.2,000/-. There was also arrears towards electricity charges to the tune of Rs.37, 897.50, hence the suit.

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K.K. KAMANI Vs. HARISH KUMAR AND ORS.

Referred Judgements :-

JUDGEMENT

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