- (1.) This is a tenants' revision under Section 25 of the Provincial Small Cause Courts Act, 1887 the Act of 1887 against the judgment and decree dated 19th January, 2011 passed by the Additional District Judge, Court No. 1, Kanpur Nagar the Court below in S.C.C. Suit No. 103 of 2008 (Om Prakash and others v. Rajeshwari Awasthi and others) whereby he has decreed the landlords' suit for ejectment of the tenants-revisionists and for arrears of rent.
(2.) The revisionists are the tenants in Premises No. 128/2, D-Block, Kidwai Nagar, Kanpur Nagar. The respondents-landlords purchased this house from its erstwhile owners, namely, Sri Uma Shankar, Sri Ram Shanker and Sri Vijay Shanker Agrawal by a registered sale-deed dated 06th April, 1994. The tenants are residing in the ground floor of the said house. There are two rooms, one kothari, veranda, courtyard, kitchen and washrooms in their possession. The rate of rent is in issue. According to the landlords, the rent is Rs.1800/- per month. The tenants have denied the rate of rent and according to them, the rent is Rs.250/- per month which includes taxes.
(3.) The landlords instituted a suit, being S.C.C. Suit No. 103 of 2008 (Om Prakash and others v. Rajeshwari Awasthi and others), for eviction and arrears of rent from 08th August, 2005 to 01st August, 2008. According to the landlords, the arrears of rent was a sum of Rs. 64,451.62 paise. They have also raised the demand of water tax, etc. and damages for illegal occupation of the accommodation.;