NARESH CHANDRA GUPTA Vs. RAJENDRA MOHAN

JUDGEMENT

(1.) RAKESH Tiwari, J. Heard Sri Komal Mehrotra for the petitioner and Sri P. K. Jain for the respondent.

(2.) THIS petition arises out of the judgment and order dated 24. 11. 2006, passed by the Additional District Judge XVI, Kanpur Nagar, Kanpur in S. C. C. Revision No. 1991 of 2005 and the judgment and order dated 29. 7. 2005, passed by the Judge, Small Cause Court, Kanpur Nagar, Kanpur in S. C. C. Case No. 35 of 2004.

(3.) THE respondent is the owner and landlord of the premises in dispute by virtue of registered sale deed executed by the erstwhile owner Sri Santosh Kumar in his favour on 4. 1. 2001. He filed S. C. C. Suit No. 35 of 2004 alleging that the defendant-petitioner was a tenant in the ground floor of House No. 128/38-F, Kidwai Nagar, Kanpur on a monthly rent of Rs. 100 besides taxes that he committed default in payment of rent and was in arrears of rent since 4. 5. 2001 to 3. 12. 2003 besides arrears of water tax and sever tax amounting to Rs. 558 and that he had put the premises under his tenancy to inconsistent user in as much he was given the shops in dispute for doing business of general merchant but it was being used for grinding spices and Dais by installing grinding machinery in the shop.