ASHOK BHUSHAN, J. - (1.) Leave granted.
(2.) This appeal has been filed against judgment of Allahabad High Court dated 08.04.2013 by which judgment High Court while allowing the revision filed by the tenant set aside the order passed by Judge Small Causes Court directing the tenant to hand over the possession of the disputed shop to the landlord and to pay rent and damages.
(3.) The brief facts of the case, giving rise to this appeal are: The appellant in this appeal is landlord who let out a shop situated at ground floor of the house to tenant named Amar Nath(since deceased). Landlord issued a notice terminating the tenancy of the tenant. Landlord filed suit in the Court of Judge Small Causes Court praying for decree of eviction of the tenant on the grounds of arrears of rent as well as subletting. Appellant claimed that monthly rent was Rs. 950 per month along with house tax and water charges. The tenant is in default of the rent since 01.01.1995. It was further pleaded that defendant-tenant had kept another person, namely, Mohd. Ezaj Khan, S/o Mohd. Zafar as subtenant in one portion of the shop and rent is being taken at the rate of Rs. 50 per day from him. The Ezaj Khan was undertaking the repair work of the watches in the above shop. Defendant-tenant had rebutted the averments made in the plaint, it was pleaded that rate of monthly rent is Rs. 710/. It was denied that tenant is in arrears of rent. It was also mentioned in written statement that defendant-tenant had never kept Moh. Ezaj as subtenant and in fact he was a worker in the shop of the defendant-tenant. ;