MASEEHAMASI FAROOKHI Vs. JAINUL ISLAAM

JUDGEMENT

(1.) Heard Sri Ravi Nath Tilhari, learned counsel for the petitioner and Sri S.K.Mehrotra, learned counsel assisted by Ms.Priyam Mehrotra, learned counsel appearing on behalf of opposite party no.1. Opposite party no.2, Additional District Judge being merely a proforma opposite party is not represented.

(2.) Under challenge is the order dated 30.08.2018 passed by III Additional Sessions Judge, Unnao in SCC Revision No.04/2018 (Jainul Islaam @ Gop v. Maseehamasi Farookhi) whereby revision filed against order dated 17.05.2018 striking off defence of tenant-opposite party on application of petitioner-landlord has been allowed.

(3.) As per averments made in this petition filed under Article 227 of the Constitution of India, petitioner-landlord filed SCC Suit No.8/2009 for arrears of rent, damages and ejectment of tenant-opposite party with respect to three shops numbered 369, 370, 371 situate in Mohalla Taki Nagar, opposite Central Bank, Pargana, Tahsil and District Unnnao. It has been stated that tenancy of the shops in question was at the rate of Rs.700/- per month for each shop apart from water tax. The landlord was compelled to file suit when monthly rent with effect from June 2008 till April 2009 was not paid by tenant. The tenancy was determined by registered notice dated 27.04.2009 in which arrears of rent and water tax was also demanded along with vacation of the shops in question. However, despite aforesaid notice when arrears of rent were not paid, petitioner-landlord was compelled to file the suit.