SMT. AAMNA KHAN Vs. SMT. ANITA BURMAN

JUDGEMENT

(1.) Heard Ms. Manisha Chaturvedi, learned counsel for the tenant-revisionist and perused the record.

(2.) Present revision has been filed challenging the judgement and order dated 11.9.2017 passed by the Additional District Judge/Small Causes Court, Gautam Buddha Nagar in Small Cause Case No. 20/2015 (Smt. Anita Burman v. Smt. Aamna Khan).

(3.) Facts, in brief, of the present case are that the revisionist-tenant is the tenant of the shop in question being Shop No. 100B, Sector 16 Noida, District Gautam Buddha Nagar. Originally she was tenant of Anoop Pal s/o Sri S.L. Pal and a rent agreement was executed between them, which is not in dispute. Subsequently the shop was transferred to Smt. Kamla Pal w/o Sri S.L. Pal and thereafter the revisionist-tenant became tenant of Smt. Kamla Pal. After the death of Kamla Pal on 29.8.2011, an agreement amongst her two sons and two daughters, including the present respondent-landlady Anita Burman, took place on 27.11.2014 and thereafter, pursuant to the decree dated 27.1.2015 passed in O.S. No. 1378 of 2013 (Anuradha Sondhi v. Arun Kumar Pal) passed by the Delhi High Court, Smt. Anita Burman (respondent-landlady herein) became the sole owner of the shop in question and consequently, the revisionist-tenant became the tenant of Smt. Anita Burman (respondent-landlady herein) w.e.f. 27.1.2015. Her name was mutated in the records of NOIDA Development Authority and a letter dated 2.2.2015 to this effect was also issued by the authority. Subsequently a letter of adornment dated 9.2.2015 (filed as Annexure 2 to the affidavit filed in support of this revision) was issued to the revisionist jointly signed by the legal heirs of Smt. Kamla, namely, Arun Kumar Pal, Anoop Pal, Smt. Anuradha Sondhi and Smt. Anita Verman (respondent-landlady herein). Thereafter, the respondent-landlady sent a notice dated 26.3.2015 to the revisionist-tenant terminating her tenancy. In the agreement, it was also alleged that the revisionist-tenant is not paying rent since January, 2015. This notice was replied by the revisionist-tenant vide reply dated 9.4.2015. This reply was further replied by the respondent-landlady vide letter dated 29.4.2015 and thereafter a suit was filed claiming arrears of rent at the rate of Rs. 13,000/- per month w.e.f. 1.2.2015 to 15.5.2015 and damages at the rate of Rs. 1,000/- per day. Subsequently the present SCC suit was filed wherein pleadings between the parties were exchanged and six issues were framed.