KESHAV PRASAD BAJPAI ALIAS KESHAV KANT BAJPAI Vs. ADDITIONAL DISTRICT AND SESSIONS JUDGE COURT NO.9 LKO.& ORS.

JUDGEMENT

(1.) Heard Shri Rajendra Prasad, learned counsel for the petitioner and Shri Mohd. Khalid, learned counsel appearing for respondent no.3.

(2.) By means of this petition, filed under Article 227 of the Constitution of India, the petitioner-tenant has challenged the validity of the judgment and order date 28.01.2014, passed by the learned Judge, Small Causes Court, Lucknow, whereby the suit filed by the respondent no.3 for arrears of rent, damages and ejectment has been decreed. The petitioner has also challenged the revisional court's order passed by the learned Additional District and Sessions Judge, Lucknow on 30.09.2015, whereby the revision petition preferred by the petitioner against the order of the learned trial court dated 28.01.2014 has been dismissed.

(3.) The facts necessary for appropriate adjudication of the issues raised in this petition are that in respect of a shop situated at House No.E 2680, Rajajipuram, Lucknow, a suit for arrears of rent, damages and ejectement was filed by the respondent no.3 impleading the petitioner as defendant on the allegations that the petitioner was tenant of the respondent no.3-plaintiff in respect of the shop in question on a monthly rent of Rs.500 excluding the electricity charges and other charges and further that the shop is newly constructed one whose construction was completed in the year 1992 and thus the provisions of U.P. Act No.13 of 1972 were not applicable. It was also asserted by the plaintiff-respondent no.3 that he sent a registered notice dated 16.09.1993 through his counsel terminating and determining the tenancy in respect of the shop in question and also demanding therein damages @ Rs. 500/- per month from the date of expiry of 30 days from the date of service of the said notice. The plaint allegation further was that the notice dated 16.09.1993 was served on the petitioner on 18.09.1993, however, since the petitioner did not vacate the premises in question and did not deliver the possession thereof to the respondent no.3 after expiry of 30 days from the date of receipt of the notice as such he has rendered himself liable to be ejected from the shop in question and also that he is liable to pay damages at the rate of Rs.2367 from 18.10.1993 to 08.03.1994 and arrears of rent of Rs. 717 from 05.09.1993 to 17.10.1993.