RAJESH KUMAR GUPTA Vs. SRI SATISH CHAND KHERA

JUDGEMENT

(1.) Present Civil Revision has been filed against the judgment and decree dated 10.10.2007 passed by Additional District Judge, Court No. 13, Allahabad in exercise of jurisdiction as Judge Small Cause Court, in JSCC Suit No. 44 of 2004, decreeing the suit of the plaintiff-landlord for eviction and recovery of money.

(2.) Brief background of the case is that the defendant revisionist has been tenant of two shops situate in House No. 677/391, Chak Raghunath, Naini, Allahabd on the basis of written agreement for 11 months on Rs. 1800/- per month each shop for the period starting with effect from 01.09.2002 to 31.07.2003. The revisionist claims that after expiry of the period agreement dated 01.09.2002, fresh agreement was executed on 04.10.2003 and at the time of execution of said agreement, the landlord had taken a sum of Rs. 3,00,000/- in cash by way of pagri and Rs. 300/- per month per shop was the agreed rent. It appears that pressure was being exerted for vacation of the premises in this background Original Suit No. 2421 of 2003 was filed, wherein order of injunction was passed on 10.12.2003. Notice was given by landlord on 01.60.2004 terminating the tenancy and asking the tenant to vacate the premises. Attempt was made to disconnect electricity connection. In this regard writ petition No. 37856 of 2004 was also filed, wherein this Court had passed order on 15.10.2004 for restoration of electricity connection. Landlord on 03.12.2004 filed suit referred to above seeking decree of eviction and arrears of rent together with damages. In the said suit defendant entered appearance and filed written statement on 15.12.2006, to which replication was filed on 02.01.2007. Thereafter, evidence was led from both the sides, and suit in question has been decreed. At this juncture, present revision has been filed.

(3.) Pleadings inter se parties by way of counter and rejoinder affidavits have been exchanged, and thereafter present Civil Revision has been taken up for final hearing and disposal with the consent of the parties.