SHIV KUMAR Vs. PRAHLAD

JUDGEMENT

(1.) Heard counsel for the parties.

(2.) The instant petition is directed against the judgement and decree dated 21.7.2005 passed by Additional District Judge, Court No.14, Ghaziabad in SCC Revision No.116 of 2002, whereby the revision filed by the defendant-respondent (herein after referred to as 'the tenant) was allowed and the decree passed by Judge Small Causes in SCC Suit No.73 of 1998 dated 30.11.2002 was set aside. The petitioner has also challenged the order passed by the revisional court dated 31.7.2010 dismissing the review application.

(3.) SCC suit in question was instituted by Parmatma Sharan respondent no.2 against the tenant claiming arrears of rent and for eviction from the premises in his tenancy (House No.48, Mohalla Sohan Lal, Sihani Gate, Ghaziabad). It was alleged that the tenant had defaulted in payment of rent, which was Rs. 250.00 per month since 1st March, 1989; that his tenancy was terminated by a notice under Sec. 106 of the Transfer of Property Act dated 6.3.1998 which was duly served upon him, but still he failed to pay the arrears of rent nor vacated the demised premises and consequently, the suit was instituted.