SATYA NARAYAN Vs. RAMA SHANKER JHA

JUDGEMENT

(1.) Heard learned counsel for the applicant.

(2.) This is a defendant's revision under Section 25 of the Provincial Small Causes Courts Act, 1887, against the judgment and decree dated 22.02.2016 passed by the Additional District Judge, Court No.11, Kanpur Nagar in SCC Suit No. 72 of 2009 by which the plaintiff -respondent's suit for arrears of rent and eviction has been decreed against the defendant -revisionist.

(3.) The plaintiff -respondent instituted a suit alleging that the premises in question was let out to the defendant at the rate of Rs. 1500/ - per month for residential purpose. It was alleged that the defendant unauthorisedly converted a portion of the accommodation for commercial use and did not pay any rent with effect from 01.04.2006 up to 28.02.2009 as a result a composite notice under Section 106 of the Transfer of Property Act, terminating the tenancy and demanding the arrears of rent for 35 months, amounting to Rs. 52, 500/ -, was sent to the defendant, through counsel, on 03.03.2009, which was served on the defendant on 05.03.2009 but neither the defendant vacated the premises on expiry of one month period nor paid the arrears within the prescribed period instead sent an incorrect reply on 07.03.2009.