SABIYA BEGUM Vs. M. HAYAT ANSARI

JUDGEMENT

(1.) Heard learned counsel for parties and perused the record.

(2.) This Revision under Section 25 of Provincial Small Cause Courts Act, 1887 (hereinafter referred to as the "Act, 1887") has arisen from judgment and order dated 04.11.2008 passed by Sri P.K. Jain, Special Judge (E.C. Act), Kanpur Nagar dismissing Small Causes Suit No. 44 of 2005 instituted by revisionist-landlord for eviction and recovery of arrears of rent in respect to disputed premises which is a shop. The shop was let out to defendant-respondent allegedly on a monthly rent of Rs. 4000/- per month, but it is submitted that despite repeated demand, rent has not been paid since February' 2003. It is further submitted that property in dispute was let out to defendant-respondent for a period of eleven months only which expired on 04.02.2003 and since period of lease has not been extended, therefore, the tenant is liable to be evicted.

(3.) Court below formulated five issues as under: