IRSHAD ALAM Vs. ALI AHAD AND ANOTHER

JUDGEMENT

(1.) Heard Sri Pramod Kumar Srivastava, learned counsel for the tenant-revisionist as well as Sri Atual Dayal, learned counsel for the landlord-opposite party and perused the record.

(2.) Present revision has been filed challenging the impugned judgement and decree dated 7.12.2015 passed by the Additional District Judge/Judge Small Causes Court, Kanpur Nagar in Suit No. 55 of 2008 (Ali Ahad and another vs. Irshad Alam).

(3.) Brief facts of the present case are that the landlord-plaintiff (opposite party herein) filed SCC suit against the tenant-defendant (revisionist herein) for rent and eviction seeking eviction of defendant from the shop in question being Shop No. 100/484, Colonelganj, Kanpur Nagar on the ground that the defendant is tenant in the shop in question w.e.f. 1.9.1992 on rent payable at the rate of Rs. 600/- per month plus water tax etc. It was alleged that because of new construction of the shop in question in the year 1990, the provisions of Act No. 13 of 1972 (hereinafter referred to as the 'Act') are not applicable in the present case. It was stated that despite of the notice dated 5.3.2008, the arrears of rent were not paid and the shop in question was not vacated. It was stated that the aforesaid notice dated 5.3.2008 was returned with the endorsement of 'refused' by the postal department on 10.3.2008 and notice sent through certificate of posting was personally served on the defendant. Hence the suit.