Prakash Krishna, J. - (1.) THE present revision has been filed under Section 25 of the Provincial Small Cause Courts Act, 1887 and is directed against the judgment and decree dated 9th of March, 2011 passed by the Additional District Judge, Court No. 4, Muzaffarnagar in JSCC suit No. 16 of 2010.
(2.) KAMAL Kant Goel, the opposite party herein, instituted the aforesaid JSCC suit No. 16 of 2010 against the Defendants who are the applicants herein for their ejectment from the shop No. 3 situate at Hanuman Road, District Muzaffarnagar (hereinafter to described as property in dispute). The suit was filed on the pleas inter alia that the Defendants were tenants at a monthly rent of Rs. 150/ - and were also liable to pay the house tax and water tax in addition thereto, total Rs. 168.88 per month. They paid the rent under the receipt dated 31st of August, 2006. The rent for the Subsequent months was not paid in spite of notice of demand. The tenancy has been determined by serving a notice under Section 106 of the T.P. Act. The eviction of the Defendant was sought on number of grounds namely: • The Defendants are in arrears of rent w.e.f. 1st of September, 2006 whose tenancy has been determined by serving a notice and have failed to pay the same in spite of service of notice; • The Defendants have disfigured and diminished the value of the shop by installing a generator of 10 KV HP in the shop; • The material alterations have been made in the shop by replacing the wooden door by iron shutter; and • They have used the shop for a purpose other than for which it was let out to them. The suit was contested by denying the plaint allegations but the relationship of landlord and tenant was admitted. It was pleaded that the monthly rate of rent is inclusive of house tax and water tax also. The other allegations regarding the diminishing the value of the shop, change of its user etc. were denied. Benefit under Section 20(4) of the U.P. Act No. 13 of 1972 was claimed on the ground that they have deposited the arrears of rent on the first date of hearing at the rate of Rs. 167/ - per month.
(3.) THE parties led evidence oral and documentary in support of their respective cases. The points for determination were struck by the trial Court.;