ATUL GUPTA Vs. VIVEK GUPTA

JUDGEMENT

(1.) Heard Sri Krishnaji Khare, learned counsel for the tenant-revisionist and Sri Rishi Chaddha, learned counsel for the landlord-opposite party and perused the record.

(2.) Present revision has been filed challenging the judgement and order dated 24.5.2017 passed by the Xth Additional District Judge, Agra in SCC Suit No. 45 of 2012 (Vivek Gupta vs. Atual Gupta).

(3.) By the impugned judgement and order, SCC suit filed by the landlord (respondent herein) for rent and eviction was allowed by the Court below. The suit was filed on the ground that one rent deed was executed between the parties on 14.7.2005, according to which the revisionist herein was inducted as tenant on monthly rent of Rs. 6,000/-; the revisionist did not pay the rent after 1.1.2012 and also did not vacate the premises; he had acquired flat in Manu Apartment, Hirabagh; in the year 2010 in panchayat one agreement dated 19.12.2010 took place, according to which the tenant agreed to vacate the flat in dispute by 31.5.2012 but it was not vacated and the rent was also not paid, therefore, a registered notice dated 2.7.2012 was sent to the tenant, which was replied by him vide reply dated 30.7.2012; the rent from 1.1.2012 to 5.8.2012 at the rate of Rs. 6,000/- was claimed; and it was further alleged that the tenant has damaged certain portion of the property in dispute and for this purpose, damages to the tune of Rs. 45,000/- plus notice expenses etc. were also claimed.