SURAJ NARAIN GUPTA Vs. RATI CHATURVEDI

JUDGEMENT

(1.) This Revision has been filed by the tenant praying for setting aside the judgment and order dated 24.02.2018 passed in SCC Suit No. 79 of 2016: Smt. Rati Chaturvedi Vs. Suraj Narayan Gupta, Director, Moti Mahal Talkies (Chamariha Talkies Private Limited) passed by Additional District Judge/Judge, Small Causes Court, Kanpur Nagar whereby the suit has been decreed for eviction and removal of Electricity Meter and Generator and other items from the property in dispute, and with a direction to pay rent at the rate of Rs.100/- per month w.e.f. 23.10.1998 to the date of the decision to the plaintiff, and to pay the damages @ Rs. 2,500/- per month for continued occupation after the judgment till the delivery of actual possession of the property in dispute.

(2.) The facts relevant for decision of this Revision have been mentioned in the Stay Application filed along with the Revision. House No. 77/153 situated at Latouche Road, Kanpur Nagar was owned by one Raj Kumar Dhawan. It was taken on rent by Moti Mahal Talkies since before 1950. A part of the said property i.e. one big hall divided into three small rooms was purchased by Smt. Mridula Chaturvedi wife of Manoj Kumar Chaturvedi, Smt. Shashi Chaturvedi wife of Rajiv Kumar Chaturvedi and Smt. Rati Chaturvedi wife of Sanjeev Kumar Chaturvedi through registered sale deed dated 23.10.1998 from the erstwhile owner Shri Raj Kumar Dhawan. The tenant revisionist was using one room in the said big hall as Generator Room where his electricity meter was also installed for the Cinema-hall. Whereas, the rest of two rooms were being used as shops in the name of Swadeshi Mill Store.

(3.) One Akhilesh Kumar filed an application for allotment before the Rent Control and Eviction Officer under Section 12 read with Section 15 of the U.P. Act No. 13 of 1972. Smt. Rati Chaturvedi also filed an application for declaration of vacancy before the Rent Control and Eviction Officer.