Prakash Krishna, J. - (1.) THE above revision has been filed under Section of the Provincial Small Cause Courts Act by the tenants of the property No. 7/1141(old), new number 7/57 situate at Railway Road (Subhash Road, Agra) against the judgment and decree dated 9th of October, 2006 passed by the Special/Additional District Judge, Aligarh in SCC suit No. 8 of 1998 whereby the suit for ejectment of the defendants tenants and for recovery of arrears of rent amounting to Rs. 13,200/ - and damages @ Rs. 2,200/ - per month for use and occupation, pendente lite and future has been decreed.
(2.) THE suit giving rise to the above revision was filed on the pleas inter alia that the defendants No. 1 to 4 took the aforesaid accommodation on rent and are in arrears since 1st of April, 1996 @ Rs. 2,200/ - per month along with 12.5 per cent house tax amounting to Rs. 154/ - and 7% thereof as water tax amounting to Rs. 12.50 per month. The rent is due since November, 1997. The tenancy has been determined by the notice dated 10th of March, 1998 under Section of the Transfer of Property Act. The provisions of the U.P. Act No. 13 of 1972 are not applicable being the monthly rent more than Rs. 2,000/ -. The suit was contested on the pleas inter alia that the shop in question was let out on a monthly rent of Rs. 1,500/ - and that the defendants are not in arrears of rent. As many as nine points for determination were framed by the trial Court and the suit as stated herein above has been decreed.
(3.) IN the present revision, the only point urged by the learned Counsel for the defendants tenants is that the finding recorded by the trial Judge that the rate of rent is Rs. 2,200/ - per month is vitiated and is not based on evidence on record. To appreciate the said argument, the pleadings of the parties and the evidence in this regard may be considered.;