- (1.) THIS revision petition under Section 25 of the Small Causes Court Act has been preferred challenging the judgment and order dated 01.04.2013, passed by the Judge, Small Causes Court/Additional District Judge, Court No.1, Faizabad whereby the suit for eviction and damages filed by the sole opposite party has been decreed.
(2.) A suit by the plaintiff (opposite party herein) was filed against the defendant (revision -applicant herein) for eviction and damages with the plaint allegation that plaintiff is the owner of House No. 19, situate at Lajpat Nagar, Faizabad. The defendant is a body corporate, whose regional office is at Faizabad and is managed by its Regional Manager. That the defendant took the premises in question on monthly rent of Rs. 7,250/ - for running its office in the year 1997. That there was an agreement of rent between the revision -applicant and the opposite party, accordingly to which the tenancy of the premises in question was for one year and if the term of the tenancy was to be extended, then the defendant was required to enhance the rent by 10%. It was further alleged in the plaint that defendants enhanced the rent in the year 1999 to Rs. 7,975/ - and since then they have been paying the rent. However, defendants have been infringing the terms of the agreement and despite asking repeatedly, neither rent was enhanced nor any new lease agreement was executed. It was further alleged by the plaintiff that on 03.01.2008 and 04.06.2008 he gave a notice for enhancing the rent. However, despite receipt of the notice, the defendants did not enhance the rent and hence infringed the terms of the agreement and accordingly, he, by giving a written notice dated 19.05.2009 terminated the tenancy and required the defendants to vacate the premises. It has also been alleged in the plaint that the defendants had made certain alterations in the premises and garage was not used as garage; rather it was used for running generator set which had resulted in cracks in the wall.
(3.) THE plaint allegations were denied by the defendants by filing written statement stating therein that on the basis of the letter dated 17.01.1997 of the plaintiff, the monthly rent agreed upon was Rs. 7,250/ - in respect of the premises No. 19, situate at Mohalla Lajpat Nagar, Faizabad and an agreement was also executed between the parties for a period of one year, according to which, after expiry of the period of one year, the rent was to be enhanced by 10% in case of continuance of the tenancy. It was further stated in the written statement that after expiry of the period of one year, as per terms agreed upon between the parties, the rent was enhanced by 10% and the defendants started paying Rs. 7,975/ - per month as rent w.e.f. 22.01.1998. The defendants further stated in the written statement that another agreement was entered into between the parties on 16.12.1999 for continuance of the tenancy and the second agreement does not contain any term or condition for enhancement of the rent. The suit was contested by the parties and the learned trial court after examining the materials on record came to the conclusion that the tenancy stood terminated and the defendants were trespassers in the premises in question. While arriving at the aforesaid conclusion, learned trial court has relied upon the statements of the witnesses and other evidence and has given a finding that the premises in question was given on rent to the defendants in the year 1997 for a period of one year with the condition that after expiry of the period of one year, the rent shall be enhanced by 10%. Learned trial court has also considered the agreement entered into between the parties in the year 1999. Learned trial court has further taken into account the notice dated 19.05.2009 given under Section 106 of the Transfer of Property Act by the plaintiff and has held that the tenancy has rightly been terminated and after termination of tenancy, the defendants are in illegal occupation.;