RAJJAN YADAV Vs. KUWAR ISHWAR SINGH AND ORS.

JUDGEMENT

(1.) I have heard Shri P.S. Mehra, learned counsel for the revisionist and Shri P.C. Agrawal, learned counsel for the opposite parties and also perused the impugned judgment.

(2.) The defendant/tenant has filed this revision under Section 25 of the Provincial Small Causes Courts Act for setting aside the judgment and decree dated 18.8.2015, passed by Judge, Small Causes/Additional District Judge, P.C. Act, Lucknow in SCC Suit No. 44 of 2009, whereby the suit filed by the opposite parties for Recovery of Arrears of Rent and Ejectment, has been decreed.

(3.) In the suit filed by the opposite parties, it was stated that they were the owners and landlord of Shop No. 6 situated on the First Floor of Shahi Complex Teli Bagh, Raebareli Road, Lucknow. The said shop was let out to the revisionist in the month of October, 1999, on monthly rent of Rs. 900/- in which he was carrying on the business of optical. It was also said that since the shop was a newly constructed building, therefore the provisions of U.P. Act No. 13 of 1972, were not applicable. According to the opposite parties the revisionist did not pay any rent with effect from 1.11.2003. He also did not pay the electricity charges. Thus he committed default in payment of rent. The opposite parties issued a notice on 18.3.2009 through their Advocate under section 106 Transfer of Property Act, by which the tenancy was terminated and the revisionist was called upon to pay the arrears of rent and vacate the shop in question. The notice was duly served upon the revisionist and the same was also replied by him on 31.3.2009 through his advocate. The revisionist did not comply with the notice and as such the necessity arose to file a suit for recovery of arrears of rent and eviction. The opposite parties claimed damages for wrongful use and occupation at the rate of Rs. 100/- per day.