- (1.) THIS is the tenant's writ petition challenging the orders passed by the Judge Small Causes Court (Civil Judge Senior Division) Mau dated 03.10.2012 in SCC Suit No.03 of 2002 and judgement dated 20.09.2013 passed by the District Judge, Mau passed in SCC Revision No.77 of 2012.
(2.) BRIEFLY stated, the facts of the case are that the property in dispute is a House No.168 situate at Mohalla Dostpura, Kasba: Kopganj, Tehsil: Sadar, District: Mau which consists of five shops out of which one shop was let out to the petitioner on rent of Rs. 150/ - per month by Murlidhar Gupta under oral consent in the year 1998 after taking advance of Rs.85,000/ - as Pagri refundable in the event of vacation of the shop.
(3.) THE petitioner is running a book store in the name of Amar Book Centre in the premises in dispute. Murlidhar Gupta (deceased) filed an SCC Suit No.3 of 2002 for eviction of the petitioner on the ground that the tenant is in arrears of rent. The relief was for eviction of the petitioner and grant of possession to the respondent to Murlidhar Gupta, arrears of rent of Rs.3,099.96 from 01.07.2001 to 6.1.2002, Rs. 3,650/ - as damages calculated at Rs. 50 per day from 07.01.2002 to 20.3.2002 for unauthorised use and occupation. Electricity arrears at Rs.2,077.50/ - as 1/4th share and Rs. 3,00/ - as expenses for the notice. The suit was contested by the petitioner and a written statement was also filed. The trial court, however, after considering the entire evidence on record and the pleadings of the parties decreed the respondent's suit for a sum of Rs.8,677/ - towards arrears of rent and damages and also expenses of electricity and notice. The rent, which was deposited by the petitioner -tenant through tender for the period from 01.11.2001 to 20.3.2002 has also been decreed in favour of the plaintiff -respondent and has also directed that if the amount of rent deposited for this period is withdrawn, then the same shall be deducted from the decreetal amount of Rs.8,677/ -. The trial court has also directed payment of rent of Rs.350/ - per month from the date of institution of the suit till the date of decision plus Rs. 300/ - per month by way of damages and has also directed that the tenant shall vacate the premises in question and hand over vacant possession to the plaintiff respondent within a period of one month. He will also be liable for payment of interest at 9% per month till the date the decree is satisfied.;