KAILASH NARAIN Vs. 4TH ADDL DIST JUDGE JHANSI

JUDGEMENT

(1.) Sri Kailash Narain Srivastava, tenant, has filed this writ petition against the revisional order dt.12-12-1979 passed by the IVth Additional District Judge, Jhansi under Section 25 of the Provincial Small Cause Courts Act (hereinafter referred to as Act) whereby he has allowed the revision and set aside the finding of fact recorded by Judge, Small Cause Court in Suit No. 542 of 1978.

(2.) The landlord Tarun Kumar filed a suit against the petitioner-tenant with the allegation that the defendant was his tenant of the house No. 149/7 Khandari Gate, Jhansi @ 90/- per month. His tenancy commences on 22nd of every month and terminates on 21st of next month. The first municipal assessment was made in the year 1974-75 and U.P. Act No. 13 of 1972 is not applicable to it. It was also alleged that the defendant had committed breach of contract that only 3 to 4 children, husband and wife will reside in the disputed house but now there were 12 occupants. The defendant had damaged the property and thereupon the plaintiff gave him a notice under S. 106 of the T.P. Act terminating his tenancy.

(3.) The defence of the tenant-petitioner was that the defendant was not tenant of the premises No. 149/7 but he was tenant of the other premises No. 149/4 of the same landlord. Premises No. 149/4 was a construction of the year 1963 or 1964 and the defendant had been residing therein since then. He has also contended that no damage has been caused by him to the building nor they had ever agreed that only a limited number of person will reside therein. A portion was damaged by the plaintiff-opposite party when he took out the doors of bath room for making a stage for the marriage of his (plaintiff's) own sister. The defendant never created any troubles in the building. There was no default in payment of rent.