LAXMI KANT Vs. RAM NATH SHARMA

JUDGEMENT

(1.) Heard Shri G.S. Srivastava for the petitioner tenant and Shri R.N. Sharma for the respondent-landlord.

(2.) By means of this writ petition the petitioner has prayed for setting aside the orders passed by the Addl. District Judge (Court No. 6), Agra in Small Cause Revision No. 37 of 2007, Shri Laxmikant Vs. Shri Ramnath Sharma , dated 20.9.2007 whereby he has dismissed the small cause revision against the judgment of the Small Cause Court, Agra dated 26.4.2007 in Small Cause Suit No. 184 of 1991, Shri Ram Nath Sharma Vs. Shri Laxmi Kant decreeing the suit for ejectment of the petitioner-tenant and for payment of three years rent at the rate of Rs. 150.00 per month up to the date, when the possession is delivered to the respondent-landlord.

(3.) The small cause suit was filed by the respondent-landlord for eviction and arrears of rent at the rate of Rs. 150.00 per month from Shop No. 23/190, Jeevani Mandi (a busy market), Agra, with the allegation that the petitioner was tenant at the rate of Rs.150.00 per month with an agreement that on every house tax assessment by Nagar Nigam, Agra, the rent will be increased by 40% and accordingly the rent has increased to Rs. 310.00 per month w.e.f. 1.4.1987. The tenant did not pay the rent since 1.11.1983 and has denied increase of rate of rent over and above Rs. 25/- per month, paid up to 31.10.1990. The tenancy was terminated by a notice under Sec. 106 of the Transfer of Property Act served upon the tenant and to which an incorrect reply was given disputing the rate of rent. The trial Court took evidence and recorded the findings that rate of rent was Rs: 150.00 per month, which was increased to Rs.210.00 w.e.f. 1.4.1987. The rent is due from 1.11.1983, which has not been paid even after demand and that the tenant is not entitled to the benefit of Sec. 20 (4) of the U.P. Urban Buildings (Regulation of Letting, Rent & Eviction) Act, 1972 (in short the Act) as he has deposited the rent at the rate of Rs. 25/- per month.