RAJEEV KUMAR JAIN Vs. VINOD KUMAR AND ANR

JUDGEMENT

(1.) Heard counsel for the parties.

(2.) The instant revision is directed against the judgement and decree dated 25.4.2015, whereby Judge Small Causes/Additional District Judge, Court No.1, Rampur has decreed SCC Suit No.7 of 2012 and has directed for eviction of the revisionist from the premises under his tenancy and for recovery of arrears of rent and mesne profits.

(3.) The suit was instituted by the plaintiff-respondents against the revisionist (hereinafter referred to as 'the defendant-tenant') with the allegation that the rent of the shop under his tenancy was Rs.725/- per month. The shop was a new construction and provisions of U.P. Act No.13 of 1972 (for short 'the Act') were not applicable. The defendant-tenant despite service of notice on 24.2.2012, had failed to pay arrears of rent nor has vacated the shop. The suit was contested by the defendant-tenant by filing a written statement contending that the provisions of the Act were applicable to the shop as it was an old construction of more than 45 years. The rent was duly tendered by money order which the plaintiffs had refused. The defendant-tenant also set up an agreement dated 5.7.2003 under which it is alleged that a sum of Rs.40,000/- was paid in advance and the intention of instituting the suit was to usurp the amount so realised.