- (1.) The premises in question is ground floor of 12/2/8, Chaumukha Pul, Moradabad. The owner and landlord of the ground floor of the property is Om Prakash Agrawal. Bank of Baroda was a tenant of the property in question since 1968. The owner and landlord instituted SCC Suit No. 21 of 1995 for arrears of rent, house tax, water tax and for the eviction of the Bank with further relief for damages for use and occupation after the date of termination of tenancy. The suit was contested by the Bank and has been decreed by judgment and order dated 24.10.2000. The Court below held that the tenancy had rightly been terminated by a valid notice and that the tenant is liable to pay house tax and water tax and damages at the rate of Rs. 8/- per sq. ft. for use and occupation of the premises in question. Aggrieved by the aforesaid judgment, order and decree of the Court below the Bank and the owner and landlord both have preferred revisions. Since both the revisions arise from a common judgment and identical facts and issues, Counsel for the parties agree for final disposal of both of them by a common order.
(2.) These revisions have come up before me by nomination.
(3.) I have heard Sri Avinash Swarup, learned Counsel for the Bank of Baroda and Sri Kshitij Shailendra for the landlord.;