SIYA RAM BROTHERS Vs. OM PRAKASH BHARGAVA

JUDGEMENT

(1.) The instant revision under Section 25 of the Provincial Small Causes Court Act, 1887 calls into question the judgment and decree dated 07.12.1999 passed by the court of Small Causes in SCC Suit No. 40 of 1998 decreeing the suit of the plaintiff-respondent for recovery of arrears of rent and taxes and for eviction.

(2.) The suit was instituted alleging that the revisionist was tenant of a shop on the ground floor of House No. 96/2, Colonelganj, Kanpur Nagar on payment of Rs. 2,500/- per month as rent and Rs. 450/- as water tax, and sewer tax at the rate of 18 percent, total Rs. 2950/-. The tenancy was terminated by a notice dated 01.06.1998 served upon the revisionist on 06.06.1998. It was specifically pleaded that as the rent of the shop exceeded Rs. 2000/- per month, therefore U.P. Act No. 13 of 1972 was not applicable. It was admitted that rent and municipal taxes stood paid upto August 1998. The plaintiffs claimed mesne profits, arrears of taxes, apart from decree of eviction. In respect of municipal taxes, it was admitted that taxes @ Rs.450/- per month was paid for some time. It was asserted that the said amount was paid on account of misrepresentation, though a lesser amount was payable.

(3.) The suit was contested by the revisionist by filing a written statement in which it was not denied that the rent of the premises was Rs. 2400/- per month. The revisionist further asserted that rent up to 31st August, 1998 stood paid to the plaintiff-opposite party. The revisionist also alleged that after service of notice the plaintiff had accepted rent and taxes for the period upto August, 1998 when sent to him by cheque along with covering letter dated 16.9.1998, consequently, the notice stood waived.