KIRAN AGRAWAL Vs. HARI MOHAN GUPTA

JUDGEMENT

(1.) -Invoking extraordinary jurisdiction of this Court under Article 226 of the Constitution, this petition takes an exception to the judgment and decree dated 21.8.2003 in S.C.C. Suit No. 1 of 1998 passed by Civil Judge (Senior Division), Small Causes Court, Banda affirmed in S.C.C. Revision No. 15 of 2003 by judgment and order dated 29.4.2005 passed by Special Judge, (S.C./S.T. Act), Small Causes Court, Banda appended as Annexures-6 and 7 respectively to the writ petition.

(2.) CONCISE facts are as under : "Respondent-landlord filed S.C.C. Suit No. 1 of 1998 against the tenant-petitioner, inter alia, on the ground that the shop, in question, was constructed in 1990. Rent of the shop in May, 1997 was Rs. 535.50 P. per month. He further claimed that shop No. 7 was constructed in 1987 and the shop in dispute as well as the entire building was assessed for the first time on 17.11.1992 which became effective from April, 1993. The landlord demanded rent from May, 1997 from him by means of notice dated 7.10.1997 and when the petitioner failed to pay the rent from May, 1997, landlord instituted aforesaid suit."

(3.) SHE further claimed that disputed shop was constructed in 1984 and it was for the first time assessed w.e.f. 1.4.1985. SHE also stated that she had deposited entire arrears of rent together with interest and cost of the suit on the first date of hearing.