Prakash Krishna, J. - (1.) Heard the learned counsel for the parties. Cause shown is sufficient. The order dated 21.9.2010 dismissing the civil revision in default is recalled. The civil revision is restored to its original number. Ref: Civil Revision No. 198 of 2001
(2.) THE present revision has been filed under Section 25 of the Provincial Small Causes Court Act against the judgment and decree dated 13.03.2001 passed by IIIrd Additional District Judge, Varanasi in S.C.C. Suit No. 3 of 1994. The court below has decreed the suit for ejectment of the defendant -tenant from premises No. 20/1 -68, Ramakant Nagar, Pishachmochan, Varanasi and also for recovery of arrears of rent, damages, electric charges etc. The aforestated suit was instituted on the pleas inter alia that the plaintiffs is the owner and landlord of House No. 20/1 -68, Ramakant Nagar, Pishachmochan, Varanasi. The said house was assessed by the municipal authorities for the purposes of tax with effect from 1st October, 1987. The building in question is a "new construction" within the meaning of provisions of U.P. Act No. 13 of 1972 and as such the provisions of U.P. Act No. 13 of 1972 are not applicable. It was let out to the defendant -tenant on monthly rent of Rs.800/ -. The defendant has failed to pay the rent and is in arrears since August, 1989. He has also failed to pay the electric charges etc.
(3.) A registered notice was given asking him to make the payment but invain. To pressurize the plaintiffs, the defendants -tenant got a false first information report lodged against them. Tenancy has been terminated through notice dated 27th October, 1993.;