ZUBAIR AHMAD KHAN Vs. COURT OF JUDGE

JUDGEMENT

(1.) Heard Shri Shishir Chandra, learned counsel for the revisionist and Shri Vishwesh Pratap Singh, learned counsel for the opposite party.

(2.) The instant revision has been preferred under Section 25 of the Provincial Small Cause Court Act against the judgment dated 03.05.2016 passed by the Court of Additional District Judge, Court No.4, Lakhimpur Kheri acting as Judge, Small Cause Court in S.C.C. Suit No.4/2011 by virtue of which the suit of the opposite parties No.2 to 4 has been decreed against the revisionist.

(3.) Briefly, the facts giving rise to the revision are, that the opposite parties No.2 to 4 being the landlords, instituted a S.C.C. NO.4/2011 with the averment that the property in question which is a shop situated in Mohalla Khaprel Bazar, Lakhimpur Kheri, which was constructed in the year 2003 was let out to the revisionist (who was the defendant before the court below) in the year 2007 on monthly rent of Rs.600/- for a period of three years. It was specifically pleaded in Paragraph-3 of the plaint that the provision of U.P. Act No.13 of 1972 are not applicable. Since, after three years, the tenant-revisionist did not vacate the shop in question, accordingly a notice was sent to the defendant on 14.12.2010, which was returned unserved. The landlord again on 06.01.2011 sent another notice demanding arrears of rent and ejectment after terminating the tenancy. The aforesaid notice was served on the revisionist on 07.01.2011 by refusal. Since, the revisionist did not comply with notice, accordingly the suit for arrears of rent, ejectment and for damages for wrongful use and occupation came to be filed before the Judge, Small Cause Court / ADJ, Lakhimpur Kheri on 03.05.2011.