MADHUBALA BHARGAVA Vs. ABHISHEK KUMAR TIWARI

JUDGEMENT

(1.) Heard Sri Anuraj Verma, learned counsel for the revisionist, Sri M.A. Khan, learned Senior Advocate assisted by Sri P.R.S. Bajpai, learned counsel appearing on behalf of the respondent-tenant and perused the material available on record.

(2.) The present revision has been filed by the revisionist under Sec. 25 of the Provincial Small Causes Courts Act, 1887 (herein after referred as to Act) assailing the judgment and decree dtd. 8/8/2024, whereby the SCC Suit No. 127 of 2015, filed by the revisionist landlord was dismissed.

(3.) The brief facts of the case are that the revisionist landlord had given the Flat No. 301, situated at 3rd Floor of a building known as Basera Plash Annexe, New Hyderabad, Lucknow through an unregistered lease agreement on 1/6/2012. The said agreement is on record as Annexure No. 2, which records that the lease was made on 2/5/2014 in between landlord and the tenant- respondent in respect of the flat in question, the lease period was 11 months and the rent agreed was Rs.17500.00. It transpires from the record that the tenancy was created firstly on 1/6/2012 for a term of 11 months thereafter another unregistered lease agreement executed in between the parties for a term of 11 months on 22/5/2013 and thereafter the last unregistered agreement was executed on 2/5/2014. After expiry of the said agreement, a notice was served by the landlord through the advocate on 4/8/2015, wherein it was indicated that the tenancy has come to an end on 1/4/2015 and 30 days time was granted to vacate the flat in question. Subsequently, when the flat was not vacated, a suit came to be filed at the instance of the revisionist seeking ejectment, arrears of rent and damages, the said suit was numbered as 127 of 2015.