KUNWAR YASMEEN ALI KHAN Vs. MASOOD ASHRAF KHAN

JUDGEMENT

(1.) This revision application under Section 25 of the Provincial Small Causes Courts Act (hereinafter referred to as 'the Act') has been preferred against the ex parte decree and order dated 6.3.1990 passed by Sri B. K. Srivastava, the then District Judge, Aligarh in S.C.C. Suit No. 10 of 1984. The suit for possession of the disputed accommodation after ejectment of the defendant-revisionist and for recovery of arrears of rent and mesne profit has been decreed.

(2.) Heard Sri K. M. Dayal, learned counsel for the defendant-revisionist and Sri M. A. Qadeer on behalf of the plain tiff- opposite party.

(3.) Suit No. 10 of 1984 was instituted by Masood Asraf Khan against the present defendant-revisionist for the relief of possession after ejectment from the tenanted accommodation, which was let out to the defendant revision 1st at monthly rent of Rs. 1,200. It was alleged that the provisions of U. P, Act No. XIII of 1972 do not apply to the disputed accommodation. A notice to suit was served on the defendant-revisionist on 11.4.1983. Besides the relief for possession after ejectment of the defendant-revisionist, a sum of Rs. 14,400 was claimed as arrears of rent for the period upto 31.3.1983. Damages w.e.f. 1.4.1983 onwards till the possession was delivered to the plaintiff-respondent were also claimed at the rate of Rs. 1,200 per month.