- (1.) Heard Sri Mohd. Arif Khan, learned senior counsel assisted by Mohd. Siraj Khna, learned counsel for petitioner, Sri B.K. Saxena, learned counsel for respondent No. 2 and perused the record.
(2.) Facts in brief of the present case are that the House No. 58 situated at New Nakhas Market, Tulsidar Marg, Lucknow comprising of 6 rooms, open land, store and bath room on the ground floor and 3 rooms on the first floor which was let out to one Sri Ram Kumar Shukla on a monthly rent of Rs. 800/-, enhanced to Rs. 1500/- . Landlor Syed Mehdi Husain Khan @ Akhtar Jafri sent notice on respondent No. 2 terminating his tenancy on the ground that he was at default in payment of rent, not paid rent for the months April, May and June, 2009 made material alterations/constructions in the premises in his tenancy which had diminished the value and utility of the premises let out to him. Thereafter filed a suit for arrears of rent and ejectment against Sri Ram Kumar Shukla, registered as SCC Suit No. 78 of 2009 in the Court of Judge, Small Causes Courts Act, Lucknow in which Ram Kumar Shukla-tenant filed a written statement inter alia taking a defence that the premises in question has been let out to the Manager of Happy World Inter College (hereinafter referred to as the school) and accommodation in question is in the occupation and possession of the school.
(3.) Judge, Small Causes Courts Act, Lucknow, vide order dated 08.05.213, decreed the suit and passed an order for eviction of the respondent No. 2 from the premises in question, on the ground that the premises in question has been let out to Sri Ram Kumar Shukla and he has failed to prove by way of any cogent evidecne that the same has been let out to the institution known as Happy World Inter College.;