- (1.) This revision filed under Section 25 of the Provincial Small Cause Courts Act, 1887 ('Act' in short) is directed against the judgment and decree dated 23.4.2010 passed by Sri Laxmi Kant Shukla, Additional District Judge, Court No.4, Faizabad decreeing the SCC Suit No. 3 of 2008 with costs directing the eviction of defendant payment of decretal amount along with damages @ Rs. 100/- per day with interest @ 6% per annum .
(2.) Briefly stated facts are that SCC Suit No. 3 of 2008 was filed by Ratnesh Jaiswal and another against Rama Shanker Singh seeking relief for ejectment and arrears of rent alleging that they were owner and landlord of House No. E-73, Neel Vihar Colony, Mohalla Ram Nagar, City Faizabad which they purchased from its original allottee. Allotment was made by Ayodhya-Faizabad Development Authority. Defendant Rama Shanker Singh was tenant of first and second floor of the building at the rate of Rs. 2000/- per month since March, 2005. Tenancy commenced from first of each month. Tenant was liable to pay electricity and water charges as well. Tenant paid rent from March, 2005 till May, 2006 but has not paid rent from June, 2006 to February, 2008, as such he was in arrears of rent amounting to Rs. 42,000/-. A demand notice was sent. Tenant on persistence of the landlord issued a cheque of Rs. 20,000/- which was, however, dishonoured because signature of defendant did not tally and sufficient funds were not available in the accounts. Despite repeated demands, rent was not paid, consequently plaintiffs sent notice on 17.3.2008 under Section 106 of T.P.Act determining the tenancy and claiming the arrears of rent. Aforesaid notice was received by the tenant on 22.3.2008. In reply to the notice, defendant admitted the factum of tenancy as well as relationship of landlord and tenant but denied that anything was due upon him. Since he did not vacate the house, suit was filed for ejectment and decree of Rs. 42,000/- as arrears of rent, Rs. 4000/- towards rent of March and April, 2008 and Rs. 100/- per day as damanges for use and occupation.
(3.) Defendant Rama Shanker Singh filed written-statement and stated that erstwhile owner of the building was Babu Ram Yadav from whom plaintiffs had taken the house and representing themselves to be landlord let out the house to the defendant at the rate of Rs. 2000/- per month. No rent-note was executed. Rs. 70,000/- was deposited as security money, as such he had paid a sum of Rs. 96,000/- adjusting the rent up to the month of February, 2008. On 5.3.2008, he handed over the possession of ground floor to the plaintiffs. Plaintiffs got a cheque of Rs. 20,000/- from the wife of defenant. Notice has been given on false ground. Electricity connection was disconnected in April, 2008 and suit is liable to be dismissed with special costs etc.;