ANUP SUD Vs. SUDHASHU DAWAR

JUDGEMENT

(1.) HEARD learned counsel for the parties.

(2.) THIS tenant's revision under Section 25, Provincial Small Causes Courts Act (PSCC Act) is directed against judgment and decree dated 28. 07. 2007 passed by J. S. C. C. / A. D. J. / Special Judge, E. C. Act, Allahabad in S. S. C. Suit No. 20 of 2004. Property in dispute is a flat of which applicant is tenant and opposite party is the landlord. Initially grand-father of the plaintiff was owner landlord of the house in dispute. Thereafter his wife became owner landlord and after her death on 05. 02. 2003, plaintiff became owner landlord. In the plaint, it was alleged that rate of rent was Rs. 3500/- per month apart from water and sewerage tax; that since 1st May 2003 rent had not been paid. Tenant admitted that since May, 2003 rent had not been paid, however he asserted that he was ready to pay but landlord plaintiff was not accepting the rent. With regard to water tax, tenant stated that he was not liable to pay the same and previous landlords, i. e. grand-father and grand-mother of the plaintiff, never demanded any water tax from him.

(3.) IT was also alleged in the plaint that an amount of Rs. 23,976/- was liable to be paid by the defendant as electricity dues, relief in that regard was also claimed in the plaint apart from relief of eviction and recovery of arrears of rent and water tax. Water tax was demanded from 1st April 2000.