- (1.) This revision has been filed under section 25 of Provincial Small Causes Courts Act by the tenant challenging the decree of the Small Causes Court for eviction and payment of arrears of rent with damages.
(2.) Respondent-Landlord instituted proceedings for eviction of the tenant before the small causes courts, in which the defendant-revisionist filed a written statement. On the basis of pleadings of the parties, four issues were framed for consideration in the proceedings:- (1) Whether the rate of rent of the premises is Rs. 2000/- per month or Rs. 300/- per month. (2) Whether the defendant is a defaulter in payment of rent. (3) Whether the tenant has sub-let the tenanted premises and if it is found so then, what are the consequences. (4) Whether provisions of U.P. Act No. 13 of 1972 are attracted. (5) As to what is the relief, which is liable to be granted.
(3.) Court below on the first question formulated disbelieved the case of the landlord on rent being Rs. 2000/- per month and accepted the case of the tenant that the rent payable is Rs. 300/- per month. On the second question of default, it was held that in case the provisions of Act No. 13 of 1972 are held applicable then the tenant shall not be a defaulter, otherwise he is a defaulter. On the third question, a finding has been returned that the tenant has sub-let the premises. On the fourth issues, a finding has been returned that the provisions of U.P. Act No. 13 of 1972 are not attracted. In view of the findings returned on the first four issues, the plaintiff's suit has been decreed for eviction and payment of arrears of rent and damages. Aggrieved by the order and judgment of the Small Causes Court dated 26.4.2007, present revision has been filed.;