SIYA RAM SHARMA Vs. AJIT KUMAR BHATTACHARYA

JUDGEMENT

(1.) The instant petition is directed against the judgement and decree dated 19.1.2013 whereby the revision filed by the plaintiff-opposite party (for short 'the landlord') under Sec. 25 of the Provisional Small Cause Courts Act, 1887, has been allowed and the judgement and decree dated 21.10.2011 passed by Judge Small Causes Court in SCC Suit No. 87 of 2007 dismissing the suit has been set aside. The revisional court has decreed the suit for eviction on the ground that the defendant-tenant had made illegal constructions and structural alterations in the building without the written consent of the plaintiff-landlord. The suit in respect of other reliefs has been dismissed.

(2.) The suit was instituted on ground of default in payment of rent since 1.5.2006, subletting, and for demolishing the constructions and raising new constructions on the first floor of the demised premises without the consent of the plaintiff.

(3.) The specific case of the defendant-tenant was that there was no default in payment of rent nor he had undertaken any structural alteration in the building. The constructions on the first floor were made when his father was tenant and that too in pursuance of a registered agreement between the parties dated 20.9.1984. He also denied having sublet the premises.