- (1.) PRAKASH Krishna, J. Raising two questions, the present revision under Section 25 of Provincial Small Causes Courts Act, has been filed by the tenant against the judgment and decree dated 7-5-2003 passed by the Additional District Judge (Court No. 3), Kanpur Nagar, in SCC Suit No. 15 of 1998, under Section 25 of Provincial Small Causes Courts Act. The Suit has been decreed for recovery of arrears of rent and ejectment.
(2.) SRI Lakshmi Chandra Agarwal, was the owner and landlord of Premises No. 3/105 Vishnupuri, Kanpur and the defendant, who is applicant in above revision, was tenant of ground floor of the aforesaid premises. The tenanted accommodation consists of one covered hall including two toilets and urinals having floor area of 3320 Sq. ft. and was let out on a monthly rent of Rs. 20,000. The relationship of landlord and tenant between the parties is not in dispute. The defendant (herein after referred to as tenant) defaulted in payment of rent and by notice dated 11-7-1997 tenancy was terminated on the expiry of 30 days from the date of service and the tenant was asked to clear all arrears of rent due since August 1996. The notice was served on the tenant on 14-7- 1997. The damages at the rate of Rs. 1,000 per day was claimed. The suit was filed for recovery of Rs. 2,48,387. 10 paise inclusive of arrears of rent and damages. It was contested by the defendant-tenant on the pleas inter alia, that the monthly rent is Rs. 2,000 (Two thousand) and the provisions of U. P. Urban Building (Regulation of Letting Rent and Eviction) Act, 1972 (here in after referred to as U. P. Act No. 13 of 1972) are applicable.
(3.) THE Judge Small Causes Court has decreed the suit in toto by its judgment dated 7-5-2003 which is under challenge in the present revision. This Court by order dated 23-5-2003, without admitting the revision granted interim relief, staying ejectment of the tenant on the condition that tenant will deposit a sum of Rs. 30,000 as rent/damages and will also clear the amount due by 30-6-2003 and continues to deposit the rent by 10th of every succeeding months.;