NEW INDIA ASSURANCE CO LTD Vs. PAWAN KOTHIWAL
LAWS(ALL)-2011-3-304
HIGH COURT OF ALLAHABAD
Decided on March 24,2011

NEW INDIA ASSURANCE CO LTD Appellant
VERSUS
Pawan Kothiwal Respondents

JUDGEMENT

- (1.) This is a revision under section 25 of Provincial Small Causes Courts Act, 1887. The revision is filed against the order dated 5.2.2011 whereby the suit filed by the plaintiff opposite party for recovery of possession from the defendant has been decreed alongwith damages etc. The SCC Suit No. 13 of 2010 was instituted by the plaintiff on the allegation that they are landlords of the property in dispute and the said property was let out to the defendant who is the applicant herein on a monthly rent of Rs. 25,983/- for the period beginning from 16.6.2006 to 15.6.2009. The defendant after the expiry of the aforesaid period has failed to vacate the premises in question, hence the necessity to institute the suit arose. The suit was contested on the pleas inter alia that in the registered rent agreement between the parties there was a renewal clause. The defendant tenant exercised the option of renewal of the lease and therefore, the suit is not maintainable.
(2.) The parties led evidence in support of their respective cases. The Court thereafter decreed the suit.
(3.) Sri Saral Srivastava, the learned Counsel for the applicant, in support of the revision submits only one point for consideration that the evidence was led to show that the defendant tenant exercised its option within the time prescribed in the rent agreement.;


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