- (1.) THIS revision petition has been preferred challenging the judgement dated 13th August, 2013 passed by the learned Additional District and Sessions Judge, Room No. 16, Lucknow whereby SCC Suit No. 41 of 1998 preferred by the revisionists -plaintiffs for eviction, arrears of rent and mesne profits has been dismissed.
(2.) HEARD learned counsel for the revisionists and learned counsel for sole respondent -U.P. State Handloom Corporation Limited.
(3.) THE facts of the case as culled from the pleadings on record are that a suit for eviction of the defendant from the premises in question and arrears of rent and mesne profits was filed by the revisionists -plaintiffs against the respondent -defendant on the assertion that the defendant was the tenant of the plaintiffs of a portion of ground floor of the premises known as Thandani Mansions, situate at Mahatma Gandhi Marg, Hazratganj, Lucknow and that the defendant has been paying monthly rent of Rs.13,000/ - by depositing the amount in the joint names of the plaintiffs after deducting TDS, amounting to Rs.2,600/ - and further that the rent upto 31st July, 1998 stood paid by the defendant to the plaintiffs. It was also asserted in the plaint that a notice dated 28.05.1998 was served on the defendant for termination of tenancy which was replied by the defendant on 22.06.1998. Thereafter again a notice dated 27.07.1998 was sent by the plaintiffs to the defendant stating therein that there was no fixed term of tenancy and that the provisions of U.P. Act No. XIII of 1972 were not applicable in the matter and also that the plaintiffs would determine the tenancy of the defendant on expiry of 30 days from the receipt of said notice. It was also asserted in the plaint that in case the defendant failed to vacate the premises in question on expiry of the tenancy, the defendant shall be liable to pay mesne profits at the rate of Rs.3,500/ - per day as well as that costs and expenses for legal action will also be borne by the defendant. The said notice dated 27.07.1998 was replied by means of letter dated 27.08.1998 and since on expiry of 30 days from the date of receipt of notice dated 27.07.1998 the defendant did not vacate the premises, the suit was filed. Contesting the suit, a written statement was filed by the respondent -defendant denying the plaint allegations and admitting therein that defendant is the tenant of a portion of ground floor "Thadani Mansions" and further that monthly rent of Rs.13,000/ - per month is being paid by the defendant after deducting an amount of Rs.2,600/ - from the monthly rent as TDS. It was also stated in the written statement that the tenancy of the defendant was for a fixed term and a valid lease was executed on 29.03.1979 between father of the plaintiffs and the defendant. It was also contended in the written statement that tenancy of the defendant was illegally terminated by the notice dated 27.07.1998 without revoking the earlier notice dated 28.05.1998.;