SMT. RAMWATI AND 2 OTHERS Vs. NARESH KUMAR

JUDGEMENT

(1.) Heard learned counsel for the petitioners and perused the record.

(2.) The present petition has been filed by defendant-tenant against the judgment and decree dated 103.2013 passed by the JSCC/Civil Judge (Jr. Div.), Kairana, District Muzaffar Nagar in SCC Suit No. 3 of 2016 and the judgment and order dated 24.03.2017 passed by the Additional District Judge, Court No.3, Muzaffar Nagar in SCC Revision No. 23 of 2013.

(3.) A perusal of the record would reveal that the plaintiff-landlord had instituted SCC Suit No. 3 of 2006 against Rajendra Singh (Predecessor-in interest of the petitioners) for arrears of rent and eviction. It was claimed that the defendant was tenant @ Rs. 200/- p.m. plus house tax and water tax. It was claimed by the plaintiff-landlord that for the period between 12.06.1987 to 04.10.2006, a sum of Rs. 50,632/- was payable by the defendant towards rent but only Rs. 34, 632/- had been paid. It was further claimed that a notice dated 17.08.2016 was sent thereby terminating the tenancy and demanding arrears of rent but the same returned unserved and, thereafter, again a fresh notice was sent on 28.02.2006 by registered post, which came to be served by way of refusal on 04.09.2006. It was alleged that the despite service of notice, neither the rent was paid nor the premises vacated and hence the suit was being instituted. Apart from the claim that the tenant had been a defaulter, it was also claimed that the tenant had made material alterations in the premises which had reduced its utility as well as value.