TAHSEEN KHAN Vs. IDRISH KHAN

JUDGEMENT

(1.) PRESENT JSCC revision has been filed questioning the validity of order dated 27. 11. 2008 passed by Additional District Judge Court No. 8, Moradabad in JSCC suit No. 9 of 2005, decreeing the suit of the plaintiff-respondent for eviction and damages.

(2.) BRIEF background of the case is that the revisionists are tenants of the premises in question at the rate of Rs. 2500/- per month. The premises in question is not at all covered by the provisions of U. P. Act No. 13 of 1972, as such notice under Section 106 of the Transfer of Property Act was given on 07. 03. 2007, and when even after expiry of notice period terms and conditions of notice were not complied with, then suit was filed for eviction, arrears of rent and damages. The said suit was contested by the revisionists by contending that the facts mentioned in the notice were unsustainable and the suit in question was not at all liable to be decreed. The Judge Small Cause Court, thereafter, on the basis of the evidence adduced, decreed the suit. At this juncture present revision has been filed.

(3.) LEARNED counsel for the revisionists, Sri Mohit Kumar, Advocate, contended with vehemence that in the present case, grounds on which notice was issued had been found to be incorrect and unsustainable, as such the suit could not have been decreed and coupled with this merely on surmises and conjectures damages has been awarded with mesne profit, as such revision is liable to be allowed.