SMT. PREM KUMARI Vs. SMT. ROOP RANI AWASTHI

JUDGEMENT

(1.) I have heard Shri I.D. Shukla, learned counsel for the revisionist and Shri Shafiq Mirza, learned counsel for opposite party and have perused the record.

(2.) The land-lady Smt. Prem Kumari has filed this revision against the judgment and order dated 7.4.2014, passed by the SCC Court, Unnao in SCC Case No. 1/2010, whereby the suit filed by the revisionist against the opposite party, for recovery of arrears of rent and eviction, has been dismissed with cost.

(3.) The revisionist land-lady filed a suit for eviction and recovery of arrears of rent against the opposite party alleging that she was the owner and land-lady of 4 shops situated in House No. 14/15, Rajdhani Marg Shuklaganj, Unnao. It was said that all the 4 shops were in the tenancy of opposite party @ Rs. 2000/- per month with effect from 1994. It was also said that towards the East of these shops, there is a shop in the tenancy of Ashok Kumar Awasthi and prior to 1993, it was in the shape of go-down which was in the tenancy of B.P.L. India Ltd. After the tenant B.P.L. India vacated the go-down, the same was demolished and the shops were constructed in the year 1993. Thus U.P. Act No.13 of 1972 does not apply to the disputed shops. It was also said in the plaint that the opposite party removed partition wall of 2 shops without permission of the revisionist. It was also said that no rent with effect from November, 2009 was paid by the opposite party. The revisionist issued a notice on 15.12.2009 through her Advocate terminating the tenancy of the revisionist. Since the opposite party did not pay any rent and also did not vacate the shops within 30 days of the service of notice, therefore tenancy was terminated. The revisionist also claimed damages for wrongful use @ Rs. 2.70/- per day.