Sibghat Ullah Khan, J. - (1.) Heard Sri Rajiv Lochan Shukla, learned counsel for applicant and Sri V. Saxena and Sri Sanjay Agarwal, learned counsel for respondents, who have appeared through caveat.
(2.) This revision under Section 25 of Provincial Small Causes Court Act has been filed by the tenant and is directed against judgment and decree dated 17.12.2012 passed by J.S.C.C./ A.D.J., Court No.6, Varanasi decreeing the suit for eviction (S.C.C. Suit No.6 of 2009), which had been filed by the landlords respondents No.1 to 3 against tenant petitioner.
(3.) The case of the landlords was that applicant was inducted as tenant in the shop in dispute in the year 1990 for five years and the agreement of tenancy was extended twice for five years period each. The last agreement extension was dated 17.11.2000 for five years and at that time Rs. 30,000/- had been deposited by the tenant which amount under the agreement was to be returned when tenant vacated the shop. It was further pleaded that it was agreed in 2000 that rate of rent would be Rs. 400/- per month and after five years rent would be increased by Rs. 200/- per month hence w.e.f. December, 2005, the rent stood enhanced to Rs. 600/- per month and that since September, 2005 rent had not been paid. It was further pleaded that in December, 2005, five years had expired hence defendant was asked to execute fresh agreement of tenancy but he refused, and that tenancy was terminated through notice, which was refused to be accepted by the tenant on 14.07.2008. Suit was filed after expiry of six months from the date of notice. Defendant pleaded that he had paid the rent at the rate of Rs. 600/- per month till December, 2008 and that in the agreement dated 17.11.2000, it was agreed under Clause 10 that shop would be got vacated by the landlords only when they required it for their personal need and for the said purpose six months prior notice would be given. Receipt of notice was denied by the tenant. Three issues were framed. One was regarding validity of notice, second regarding default and third of non-joinder of necessary party.;