RAJ KUMAR GUPTA Vs. SAIRA BANO

JUDGEMENT

(1.) HEARD Shri Atul Dayal, learned counsel for the applicant and Shri Arvind Srivastava, learned counsel for the opposite party.

(2.) THIS revision has been filed questioning the correctness of the order of the learned Additional District Judge in a small causes suit whereby the opposite party has sought ejectment of the applicant on the ground of arrears of rent. The allegation made by the opposite party-landlady was that the applicant is a defaulter and therefore the premises in question should be vacated and peaceful possession be handed over to the landlady.

(3.) SHRI Atul Dayal has relied on the following decisions in the cases of Ram Saroop Rai Vs. Smt. Lilawati reported in 1980 Allahabad Rent Cases page 466, Om Prakash Gupta Vs. Digvijendra Pal Gupta reported in 1979 Allahabad Rent Cases page 470 and in the case of Jitendra Prasad Nayak Vs. Anant Kumar Sah and another reported in 1998 Supreme Court and Full Bench Rent Cases page 472 to substantiate his submissions. He contends that the burden had already been discharged by the applicant-tenant by denying the allegations of the new constructions and the landlady has failed to establish the date of first assessment therefore the impugned order is liable to be set aside.