SURESH CHANDRA SACHDEVA Vs. NIRMALA GUPTA

JUDGEMENT

(1.) PRAKASH Krishna, J. This is defendant's revision under Section 25 of Provincial Small Causes Court Act, against the order dated 27-2-2006 passed by the Court below rejecting Application No. 32-C filed by him under Section 10 of the Code of Civil Procedure to stay further proceedings of SCC Suit No. 42 of 2004 till the disposal of Original Suit No. 789 of 2004.

(2.) IT is not in dispute that Smt. Nirmala Gupta is landlady and the present applicant Suresh Chandra Sachdeva is the tenant of Smt. Nirmala Gupta. SCC Suit No. 42 of 2004 was filed for recovery of arrears of rent and ejectment of the present applicant on the pleas inter alia that the defendant is tenant of the disputed shop in pursuance of the registered agreement dated 10-7-2002 @ 3000 per month has defaulted in payment of rent in spite of notice of demand and termination of tenancy. IT was further stated that earlier one Pushpa Tyagi and Dinesh Tyagi were tenants of two shops described as shops No. 1 and 2 out of four shops of the landlady. On vacation of the shops by Pushpa Tyagi and Dinesh Tyagi the aforesaid two shops were converted into one shop by raising a big one shop as they were in dilapidated condition and the defendant had expressed his willingness to take one big shop. The intervening wall of the two shops was removed and for the sake of convenience two shutters were fixed. The newly constructed shop was let out on a monthly rent of Rs. 3000 with effect from 10-7-2002. IT was agreed under the aforesaid rent agreement that there would be enhancement of 10% in the rent after each succeeding two years. The defendant has sub-letted the shop from time to time to Dr. S. K. Srivastava, Dr. S. S. Mughlanji and Dr. R. P. Singh and thus violated the terms of the written agreement. IT was further pleaded that the provision of U. P. Act No. 13 of 1972 are not applicable as the monthly rent is more than Rs. 2000.

(3.) HEARD Sri Manish Goel, learned Counsel for the applicant and Sri P. K. Srivastava learned Counsel appearing on behalf of respondent.