BOBBY Vs. RAJ KUMARI

JUDGEMENT

(1.) Heard Sri B.B. Paul, learned counsel along with Sri A.P. Paul, learned counsel for the revisionist and Sri H.N. Singh, learned Senior Counsel assisted by Sri Som Veer Singh, learned counsel for the opposite party and perused the record.

(2.) Present revision has been filed challenging the judgement and order dated 9.7.2018 passed by the Additional District Judge, Court No. 6, Mathura inSCC Suit No. 18 of 2011 (Smt. Raj Kumari Vs. Bobby).

(3.) Facts, in brief, of the case are that the SCC suit was filed by the plaintiff-landlord (respondent herein) against the defendant-tenant (revisionist herein) for rent and eviction on the ground that the defendant is tenant in the shop measuring 18 feet x 40 feet at the rate of Rs. 5,000.00 per month. The shop was let out in Feb., 2009 and it was also agreed that the defendant shall also pay a sum of Rs. 70,000.00 as advance (pagdi) within six months, but he did not pay the same. The rent is due from 01.06.2009 and despite of repeated request the same was not paid. The shop is a new construction and the provisions of the U.P. Act 13 of 1972 are applicable because of being new construction as well as rent of shop being Rs. 5,000.00 per month. A registered notice dated 15.09.2011 was given to the petitioner and his tenancy was terminated. It was further asserted in the notice that the defendant was liable to pay arrears of rent for the period of 27 months to the tune of Rs. 1,35,000.00 and tenancy was also terminated after expiry of notice period of 30 days. Damages at the rate of Rs. 10,000.00 were also claimed till the vacation of the shop. The notice was duly received by the defendant and was replied. In his reply he claimed that the rate of rent is Rs. 500.00 and default in payment of rent was denied. It was asserted that U.P. Act 13 of 1972 was applicable. In view of this reply it was further asserted in the plaint that after the shop in question was let out, three other shops were let out to other persons on higher rent. A shop measuring 18 feet x 40 feet was let out to Sri Anoop Agrawal at the rate of Rs. 8,000.00 per month who had also given advance of Rs. 1,00,000.00. The second shop measuring 20 feet x 40 feet was let out to Sri Rajesh Agrawal at the rate of Rs. 8,000.00 per month and a sum of Rs. 1,00,000.00 was received in advance and third shop measuring 6 feet x 45 feet was let out to Sri Nazim Khan at the rate of Rs. 3,000.00 per month and therefore, it was asserted that there is no question of letting out this big shop at the rate of Rs. 500.00 per month to the tenant.