PAWAN KUMAR AND ANOTHER Vs. SITA DEVI

JUDGEMENT

(1.) "Waiver of notice to quit u/s 113, determination of tenancy U/S106 and deposition by power of attorney holder on behalf of landlord are the main questions involved in this petition."

(2.) A shop in house No. D-58/12A-82, Gandhi Nagar, Sigra, Varanasi, was let out by its owner and landlady Smt. Sita Devi Agarwal (the plaintiff-respondent) to the defendants-tenants/petitioners no. 1 & 2 under a rent agreement dated 06.01.2009 at the monthly rent of Rs. 2,005/-. The tenancy commenced from 01.01.2009. Thereafter mutually the rent was enhanced with effect from 11.02.2011, from Rs. 2,005/- to Rs. 3,000/- per month. On 09.09.2013, the plaintiff-landlady/respondent issued a notice under Section 106 of the Transfer of Property Act, 1882 (hereinafter referred to as "the Act 1882") to the defendants-tenants/petitioners determining the tenancy. Since the notice was not complied with by the defendants-tenants/petitioners, therefore, the plaintiff-landlady filed SCC Suit No. 49 of 2014 (Smt. Sita Devi Agarawal v. Pawan Kumar & Ors.) which was decreed by judgment and decree dated 24.08.2017 passed by the Judge Small Cause Court, Varanasi. Aggrieved with this judgment the defendants-tenants/petitioners filed S.C.C. Revision No. 15 of 2017 (Pawan Kumar and Anr. v. Sita Devi), which was dismissed by the Additional District Judge/ FTC-1, Varanasi by judgment dated 15.07.2019. Aggrieved with these two judgments, the defendants-tenants/ petitioners have filed the present petition under Article 227 of the Constitution of India.

(3.) Learned counsel for the defendants-tenants/ petitioners, submits as under:-