KAILASH KUMAR Vs. VIJAY KUMARI

JUDGEMENT

(1.) Heard counsel for the parties.

(2.) By means of instant petition, the petitioner has called in question the judgement and decree dated 22.5.2014 passed by Additional Judge Small Causes, Bareilly in SCC Suit No.81 of 2003 and the judgement dated 28.2.2017 passed by Additional District Judge, Court No.2, Bareilly in SCC Revision No.31 of 2014.

(3.) The facts in brief relevant for deciding the case are as follows:- A suit in the nature of small causes being SCC Suit No.81 of 2003 was instituted by the plaintiff-respondents against the petitioner (hereinafter referred to as 'the defendant') for recovery of arrears of rent and for eviction from a room in Building No.1029 situated in Mohalla Subhash Nagar, opposite Tapeshwar Nath Mandir, Bareilly. The plaintiff- respondents claimed that the tenanted premises was purchased by them from the erstwhile owner Smt. Kela Rani and legal heirs of Chhotey Singh (deceased) by a registered sale deed dated 5.10.2001. The defendant, who was tenant at the rate of Rs.200/- per month, defaulted in payment of rent since 5.10.2001. A sum of Rs.46,00/- being rent of twenty three months upto 31 August 2003 became due and payable. It was also asserted that the defendant demolished the old lintel in June 2003 without the consent of the plaintiffs and replaced it by a new one. Apart from it, it was alleged that he also demolished the old boundary wall and constructed a new one in its place. This, according to the plaintiffs, resulted in material structural changes in the building, diminishing its value and utility. The tenancy of the defendant was terminated by a notice dated 22.9.2003 under Section 106 of the Transfer of Property Act, 1882, served upon him by refusal. Since the defendant failed to tender rent due against him and also did not vacate, consequently, the suit was instituted.