- (1.) This revision under section 25 of the Provincial Small Causes Court Act arises out of the suit for ejectment and arrears of rent and damages for use and occupation. Plaintiff-opposite party herein filed a suit on the allegation that the applicant-bank was a tenant under a lease agreement on a monthly rent 7625/- and the rent being more than 2000/- the building in question is outside the purview of Act No. XIII of 1972. It was further pleaded that after the expiry of the period of lease when the defendant-applicant did not vacate the premises, its tenancy was terminated vide notice dated 5.5.1993. A decree of damages @ 20,000/- per month with effect from the date of termination of tenancy till actual possession was also claimed. Trial Court framed the following three issues: (1) Is the plaintiff entitled for possession of the disputed accommodation? (2) Is the plaintiff is entitled for a sum of Rs. 15,999.99 paise for use and occupation for the notice period i.e. 6.6.2003 to 30.6.2003 and thereafter, @ 20,000/- per month till actual possession is handed over? (3) Relief. During the pendency of the proceedings before the Trial Court, the vacant possession of the accommodation was handed over to the plaintiff-opposite party on 9.8.2006 as such the issue No. (1) was decided accordingly.
(2.) Learned Counsel for the opposite- party has made a statement that since the bank has already vacated the building and delivered possession as such the revision is only directed against the order awarding damages for use and occupation. Trial Court after considering the evidence brought on record in respect of rent of various adjoining buildings decreed the claim of Rs. 15,999.99 paise for the notice period i.e. from 6.6.2003 to 30.6.2003 and @ 20,000/- per month till actual possession was handed over to the plaintiff-opposite party.
(3.) It has been urged by learned Counsel for the applicant-bank that damages could not have been awarded more than the monthly rent.;