URMILA Vs. ANIL KUMAR AND ANR

JUDGEMENT

(1.) Heard Sri K.D. Tripathi, counsel for the petitioner and Sri Shiv Bahadur Singh for the defendant-respondents.

(2.) The instant petition invoking supervisory jurisdiction of this Court under Article 227 of the Constitution has been filed challenging the judgement dated 30.11.2009 passed by Court of Small Causes in SCC Suit No.2 of 1996 and the judgement and decree dated 22.1.2013 passed by Revisional court in SCC Revision No.4 of 2009.

(3.) The petitioner had instituted SCC Suit No.2 of 1996 for recovery of arrears of rent and for eviction of the defendant-respondents from a shop in their tenancy. The case of the petitioner was that Satish Chandra, father of the defendant respondents was tenant of the disputed shop on her behalf on basis of rent note dated 21.12.1994 at a rent of Rs.300/- per month. Satish Chandra died on 3.7.1995 and thereafter the defendant-respondents continued as tenants of the shop in dispute. They were keeping the shop closed and not doing any business therefrom. They had also defaulted in payment of rent since June 1991. By notice dated 8.1.1996 the arrears was demanded, but they failed to pay the same, compelling her to institute the suit.