ANJALI AWASTHI Vs. MOHD SHAFIQUE

JUDGEMENT

(1.) PRAKASH Krishna, J. This is landlady's revision under Section 25 of the Provincial Small Causes Court Act against the judgment and decree dated 22nd of April, 2004 passed by Shri Gopal Shanker Pathak, J. S. C. C. /additional District and Sessions Judge, Court No. 15, Kanpur Nagar in S. C. C. Suit No. 15 of 2002.

(2.) THE applicant claiming himself as owner and landlady of house No. 111/98 (14-A) Ashok Nagar instituted S. C. C. suit No. 15 of 2002 against the defendant opposite party on the allegations that she purchased the aforesaid house from its erstwhile owner Shri Salauddin son of Shamsuddin Ahmed by means of a registered sale- deed dated 25th of November, 1999. THE defendant (hereinafter described as tenant) was the tenant of ground floor on a monthly rent of Rs. 3,000/- in addition to 18 percent water and other taxes etc. He defaulted in making payment of rent w. e. f. 1st of April, 2000 to 31st of December, 2001 and is in arrears of rent amounting to Rs. 63,000/- and a sum of Rs. 11, 304/- as water tax and sewer charges. THE provisions of U. P. Act No. 13 of 1972 are not applicable as the house in question was got constructed after getting the map sanctioned in year 1988 and also the rent is more than Rs. 2,000/- per month. THE tenancy was determined by notice dated 16th of February 2002 which was served on 21st of February 2002. Inspite of service of notice the tenant has not paid arrears of rent nor vacated the disputed premises, hence the suit was filed for recovery of Rs. 71,300/- towards the rent, Rs. 12,834/- towards the taxes and damages at the rate of Rs. 120/- per day.

(3.) FEELING aggrieved against the aforesaid judgment and decree the present revision is at the instance of the landlady.