SHAHJAHAN Vs. VTH ADDL DISTRICT JUDGE MEERUT

JUDGEMENT

(1.) This writ petition is directed against the judgment and decree of the Judge Small Causes Court dated 8.4.1994 decreeing the suit for recovery of arrears of rent, ejectment and damages and the order dated 12.10.1999 passed by the revisional court dismissing the revision against the said judgment and decree.

(2.) The facts, in brief, are that the plaintiff-respondents filed SCC Suit No. 465 of 1993 for recovery of arrears of rent, ejectment and damages on the allegations that the plaintiff was the owner of shop No. 2 situated in Purwa Haftz Abdul Karim, Machheran. Kesar GanJ, Meerut and the defendant was the tenant in the said shop at monthly rent of Rs. 60. This shop was demolished on 15.9.1976 by the Cantonment Board, Meerut. In conspiracy with the tenant and after demolition of the shop, the defendant did not vacate the disputed premises. The plaintiff sent a notice on 10.11.1976 demanding arrears of rent from 1.7.1976 to 31.10.1976 and called upon him to vacate the premises.

(3.) The defendant-petitioners contested the suit and pleaded that the shop was constructed illegally on the plot of Cantonment Board and it was demolished on 15.9.1976. The rent was paid by the defendants to the Cantonment Board, The trial court recorded a finding that the shop was let out by the plaintiff to the defendants and there was a relationship of the landlord and tenant between the parties, it was further found that even if the shop was demolished by the Cantonment. Board, the relationship of landlord and tenant continued and after service of the notice the tenants were bound to pay arrears of rent on service of notice of demand. The suit was, accordingly, decreed. The petitioners filed revision and respondent No. 1 has dismissed the revision.