SMT. RAHEEMUNNISAN Vs. SHRI MOHAMMAD SHAHID

JUDGEMENT

(1.) The landlady revisionist has filed this revision under Section 25 of the Provincial Small Causes Courts Act, challenging the judgment and decree dated 29.03.2016 passed by Additional District Judge, Court No.1, Barabanki in S.C.C. Suit No. 2 of 2013, whereby the suit filed by the landlady revisionist, has been dismissed with cost.

(2.) In the suit filed by the landlady revisionist, it was said that the disputed shop is situated in Mohalla Begamganj, Civil Lines City, Tehsil Nawabganj, District Barabanki. The landlady revisionist claimed herself to be the owner of the said shop. The opposite party-tenant was stated to be in occupation as tenant on a month rent of Rs. 1,000/-. According to the landlady revisionist, the shop was exempted from the purview of U.P. Act No. 13 of 1972. The suit for eviction and recovery of arrears of rent was filed on the ground that the opposite party did not pay any rent w.e.f. June, 2010 and a total sum of Rs. 34,000/- has become due towards arrears of rent. The landlady revisionist served a notice dated 14.12.2012 upon the opposite party, but in-spite of service of notice, neither the rent was paid nor the shop was vacated.

(3.) The opposite party-tenant contested the suit by filing written statement, in which, it was said that the shop in question was let out to him by the husband of the landlady revisionist on a monthly rent of Rs. 100/-. The husband of the revisionist at the time of inducting the opposite party as tenant informed that he was owner and landlord of the shop in question. However, the rent kept on increasing every year and now the monthly rent is Rs. 500/-, but it was also stated by the opposite party that since the husband of the revisionist was trying to forcibly evict the opposite party, he filed a suit for permanent injunction in the Court of Civil Judge being Regular Suit No.822 of 2012, in which, the Court vide order dated 16.10.2012, directed the parties to maintain status-quo. It was also said in the written statement that the opposite party paid rent @ Rs. 500/- per month upto June, 2012. Thereafter, the husband of the revisionist refused to accept the rent.