SHANKER LAL DIDWANIYA Vs. AKHILESH NARAIN SINGH

JUDGEMENT

(1.) A simple suit for recovery of arrears of rent, damages and ejectment filed by the plaintiff opposite party took about 15 years for its decision by the trial court and about two years by this Court.

(2.) THIS is a defendant tenant's revision under Section 25 of the Provincial Small Cause Courts Act.

(3.) THE suit was contested on number of pleas, although the relationship of landlord and tenant between the parties was admitted. The tenant came out with a case that the land originally belonged to Jagjiwan Das father of the plaintiff landlord who had six sons. The landlord raised the shops and grabbed the shares of his brothers. In the written statement, with regard to shop Nos. 15B and 16B it was admitted that these shops were constructed in the year 1992. As regards the other shops, the case was that they are old constructions and, therefore, the provisions of U.P. Act No. 13 of 1972 are applicable. With regard to the rate of rent, it was pleaded that shop Nos. 12B, 13B and 14B each were let out on monthly rent of Rs. 262-50. The landlord used to receive the said amount as rent but he used to issue receipts for the inflated amount. The plea that the tenant has disfigured the shops by making constructions and alterations was also denied.