UNION OF INDIA Vs. PREM NATH MALHTORA

JUDGEMENT

(1.) Heard Sri Sharad Kumar Srivastava, learned counsel for the revisionist and Sri Sanjay Kumar Srivastava, learned counsel for the opposite party and perused the record.

(2.) This SCC revision under Sec. 25 of the U.P. Provincial Small Causes Court Act has been filed against the judgment and decree dated 25.04.2001 passed by the Additional District Judge-VI in SCC Suit No. 1 of 1998, whereby the suit filed by the opposite party has been decreed with cost and the revisionist has been directed to vacate the premises in question within a month. The opposite party was also found entitled to get rupees twelve hundred per month towards damages during the pendency of the suit along-with interest @ 9% per annum.

(3.) From the perusal of the record, I find that the opposite party filed a suit for arrears of rent and eviction against the revisionist in respect of a house described in paragraph one of the plaint. It was said that the revisionist was tenant in the said house with effect from 10.10.1987 @ rupees twelve hundred per month. It was also pleaded that the building was constructed in 1987 and therefore, was beyond the purview of U.P. Act No. 13 of 1972. The opposite party gave a notice dated 20.01.1998 to the revisionist terminating his tenancy which was served upon the revisionist on 27.01.1998. The tenancy of the revisionist came to an end with effect from 27.02.1998 but even after that the premises under tenancy was not vacated. The opposite party also claimed damages for wrongful use and occupation @ rupees twelve hundred per month during the pendency of the suit and thereafter @ rupees twenty four hundred per month till the date of handing over possession.