- (1.) Heard Sri Manish Goyal, learned counsel for landlords applicants. Inspite of sufficient service, no one appeared on behalf of tenant respondent, the New India Assurance Company Ltd. The only defect in this revision was that certified copy of decree was not filed. The same was filed subsequently through application dated 5.1.2011. The application is allowed and delay in filing the decree is condoned. The revision is therefore quite in order.
(2.) This is landlords' revision directed against judgment and decree dated 4.11.2010 passed by J.S.C.C./A.D.J., Court No. 1, Varanasi in S.C.C. Suit No. 12 of 2002, Uttam Chand Gupta since deceased and survived by legal representatives and another v. New India Assurance Company Ltd. The suit was filed by the plaintiffs landlords against the tenant for its eviction from the tenanted property in dispute and for recovery of arrears of rent. Rate of rent is Rs. 9485/- per month. The defendant pleaded that under the agreement of tenancy after every three years 20% increase in the rent was to take place, hence before 15.8.2000 rate of rent was Rs. 7904/- per month and since the said date it stood enhanced to Rs. 9485/- per month.
(3.) The rent agreement was executed on 15.8.1997, property in dispute is House No. 21/88-A-1, Shanti Market Lahuraveer, Varanasi, First Floor, area 1588 square feet (as mentioned in the judgment of the Court below). Notice of termination of tenancy was sent by the plaintiffs through advocate on 24.6.2002. In the written statement, it was stated that entire rent had been paid and at the time of notice or filing of the suit no rent was due.;