AMAR NATH Vs. MEENA DEVI

JUDGEMENT

(1.) Heard Sri Arpit Agarwal, learned counsel for the revisionist and Sri H.N. Singh, learned Senior Counsel assisted by Sri Rishabh Srivastava, learned counsel appearing for the respondent.

(2.) The present revision has been filed with a prayer to set aside the order dated 13.11.2014 passed by the Additional District Judge, Court No.3/Judge Small Causes Court, Gorakhpur in SCC Suit No.14 of 2002 whereby the suit for eviction and arrears of rent has been decreed.

(3.) Briefly stated the facts of the case are that the plaintiff-landlord filed SCC Suit No.14 of 2002 before the Judge, Small Causes Court, Gorakhpur on 31.05.2002 asserting that the defendant was a tenant in the shop in question. It was pleaded that the tenancy started from 01.03.2000 and was for eleven months only, and the rate of rent was agreed at Rs.3000/- per month excluding the amount due towards house tax and water tax, and the tenant had defaulted in payment of rent from March 2000 to January 2001, hence the landlord had served a notice dated 06.03.2002 demanding arrears of rent and also terminating tenancy which was served on the tenant on 08.03.2002, and upon expiry of the notice period of thirty days a suit for eviction and arrears of rent was filed.