- (1.) Heard Sri Siddhartha Srivastava, for the petitioner and Sri Bhanu Bhushan Jauhari, for respondent-2.
(2.) This petition has been filed for setting aside the order of Additional District Judge, dated 13.11.2015, rejecting application of petitioner for additional evidence in revision, under Section 25 of Provincial Small Cause Courts Act, 1887.
(3.) The petitioner is a tenant at ground floor of House No. 384-A, Chowk Takia, mohalla Brahmapura, Bareilly. Vijay Kumar (respondent-2) filed a suit (registered as SCC Suit No. 55 of 1997) for arrears of rent, damages and ejectment of the petitioner from the premises in dispute. Respondent-2 took plea that Shankar Dayal Patiyari was owner and landlord of the premises in dispute and the petitioner was a tenant. Earlier rent was Rs. 310/- per month, which was enhanced to Rs. 500/- per month from April 1994 with the consent of the parties. The petitioner paid rent, at the rate of Rs. 500/- per month, up to February 1995 to Shankar Dayal Patiyari, who died on 27.03.1995. Shankar Dayal Patiyari executed a will dated 26.03.1995 in favour of respondent-2. Respondent-2 filed Misc. Case No. 40 of 1996 for issue of Probate of the will dated 26.03.1995, in which probate was granted to him on 03.12.1996. Respondent-2 informed the petitioner about the will dated 26.03.1995, by notice dated 05.04.1996 and on its basis, demanded rent but he did not care. Thereafter, by registered notice dated 26.03.1997, his tenancy was terminated and he was asked to give arrears of rent, which was due from March, 1995 and vacate the premises within one month. In spite of service of notice, the petitioner neither paid arrears of rent nor vacated the premises in dispute. On these allegations, the suit was filed.;