Prakash Krishna, J. - (1.) Heard Shri S.S. Shukla, learned Counsel for the applicant and Shri A.K. Mehrotra, learned Counsel for the plaintiff opposite party.
(2.) The present revision has been filed under Sec. of the Provincial Small Cause Courts Act against the judgment and decree dated 13.9.2010 passed by the trial court in SCC Suit No. 18 of 2008 whereby the trial court has decreed the suit for ejectment, recovery for arrears of rent and damages.
(3.) The learned Counsel for the applicant very fairly at the very outset stated that the tenant applicant shall vacate the disputed accommodation within a period of six months and shall also discharge all the financial liability as per terms of the decree. Although initially an argument was raised that the trial court was not justified in awarding the damages @ 7000/ - per month instead of 6,300/per month which was the agreed rate but the said argument was not pursued further when the attention of the learned Counsel was drawn towards the judgment of the Apex Court in the case of Atma Ram Properties (P) Ltd. v/s. Federal Motors (P) Ltd. : 2005(1) SCC 705.;