SHIV NARAYAN Vs. KAMAL KISHORE YADAV ALAMBAGH LUCKNOW

JUDGEMENT

(1.) Heard learned Counsel for the revisionist and learned Counsel for the respondent.

(2.) This revision filed by the tenant under Sec. 25 of the Provincial Small Cause Courts Act, 1887 has questioned the correctness of impugned judgment rendered in S.C.C. Suit No. 68 of 2011 on 20.04.2016 decreeing suit for eviction against the revisionist and in favour of the respondent coupled with an order for payment of a sum of Rs. 40,000.00 towards arrears of rent within a period of one month. As a consequence of default, damages have further been ordered.

(3.) Default in the payment of rent gave rise to a notice under Sec. 106 of the Transfer of Property Act, 1882 which was sent to the revisionist on 15.06.2011 and has allegedly been served on 21.06.2011 and non-compliance whereof resulted in filing of suit for eviction, arrears of rent and damages before the court of Judge Small Causes which ultimately was decreed in favour of respondent by the court below. The revisionist filed a written statement before the court below wherein except denial of the plaint nothing more was stated. Each paragraph of written statement offers an evasive denial but the additional pleas set up a case of denial of tenancy altogether.