KIRAN DHAWAN Vs. VIVEK MITTAL AND ANOTHER

JUDGEMENT

(1.) Heard counsel for the revisionist Sri SP Giri and counsel for plaintiff-respondents Dr. Akhilesh Kumar Sharma.

(2.) The instant revision has been filed under Section 25 of the Provincial Small Cause Courts Act, 1887, challenging the judgement and decree dated 17.2.2018 passed by Additional District & Sessions Judge, Court No.12, Agra decreeing SCC Suit No.65 of 2014 for eviction and recovery of arrears of rent and mesne profits.

(3.) The suit was instituted by the plaintiff-respondents for eviction of the revisionist from property No.11B/96 Foundry Nagar, Hathras Road, Agra comprising of one hall and a tin shed. It was alleged that the rent was Rs.10,000/- per month, consequently, the provisions of U.P. Act No.13 of 1972 were not applicable to the building; that tenancy of the revisionist was terminated by one month's notice dated 25.7.2014; that the revisionist failed to vacate even after the expiry of the period specified in the notice. The revisionist contested the suit alleging that the rent was Rs.5000/- per month; that the tenanted premises was given on lease for running a karkhana; that notice dated 25.7.2014 does not validly terminate his tenancy in as much as lease being for manufacturing purpose, six months notice was required; that there was no default in payment of rent and that the suit was liable to be dismissed.