- (1.) Heard Mr. Vishal Dixit, learned Counsel for the petitioner and Mr. Ankit Srivastava, learned Counsel for the opposite parties Nos. 3 to 7.
(2.) Aggrieved by the judgment and order dated 29.8.2013 passed by the Additional District Judge, Faizabad, dismissing SCC Revision No. 2 of 2013 preferred by the petitioner against the judgment and decree dated 27.2.2013 passed by the Judge Small Causes Court, Faizabad decreeing the SCC Suit No. 55 of 1995, the petitioner has filed the instant writ petition inter-alia on the grounds that the finding recorded by the courts below are erroneous and perverse as the courts below had wrongly put the burden of proof upon the tenant/petitioner with regard to removal of wall.
(3.) Bereft of unnecessary details, in short, the facts of the case are that according to the petitioner, late Sri Ram Narain [the original plaintiff], predecessor of opposite parties nos. 3 to 7, constructed several shops with the financial assistance of the petitioner in consideration of which, he let out one of the constructed shops on 5.12.1991 in which the petitioner commenced his business of sale of electronic goods at the monthly rent of Rs. 700/- per month. As the petitioner required greater space for the business, the landlord delivered the shop situate at the back of the shop, under the tenancy of the petitioner after removing the intervening wall between the two shops and determined the rent of both shops together as one shop at the monthly rent of Rs. 1300/- per month. It is said that the said shop was let out for a period of 25 years for which a written agreement was also executed by the landlord. Subsequently, the petitioner converted the above shop into a show-room of Gold and Silver ornaments in the name and style of M/s Mahaan Jewellers. On 28.10.1995, Sri Ram Narain gave a notice under Section 106 of the Transfer of Property Act stating therein that the petitioner had committed default of four months in payment of rent and therefore, he is liable to be evicted. Said Sri Ram Narain, later on, filed a suit for ejectment and arrears of rent which was registered as SCC Suit No. 55 of 1995.;