A. K. Yog, J. - (1.) Gur Sharan Singh Shall a (petitioner) is the tenant of a shop on the ground floor of premises No. 126/13/151, Chandra Market. Govind Nagar, Kanpur, on a rent of Rs. 400 per month on the basis of a 'memorandum of agreement' dated 11.10.1987, executed by the tenant and Pherumal (the landlord). Under 'memorandum of agreement', tenant was required to deposit Rs. 20.000 (Copy of 'memorandum' has been filed as Annexure-lA to the writ petition).
(2.) After serving notice, landlord filed J.S.C.C. Suit No. 25 of 1995. Parties had opportunity to contest. The suit was decreed. S.C.C. Revision No. 26 of 1999, under Section 25. Provincial Small Cause Court Act was filed which is pending.
(3.) During pendency of the revision, tenant /petitioner filed an application dated 23.10.1999. raising objection on the ground that the agreement (said to be memorandum of agreement) was not registered, hence it was not admissible in evidence and it could not be taken into account by the Court below in view of Section 33A and Section 47, Indian Stamp Act. Objections were filed by the plaintiff/respondent No. 3. The revisional court, after hearing the parties, rejected the aforementioned application (Paper No. 63C) vide judgment and order dated 25.2.2000 (Annexure-IV to the writ petition).;