- (1.) Heard learned counsel for parties and perused the record.
(2.) This Revision under Section 25 of Provincial Small Cause Courts Act, 1887 (hereinafter referred to as the "Act, 1887") has arisen from judgment and order dated 04.11.2008 passed by Sri P.K. Jain, Special Judge (E.C. Act), Kanpur Nagar dismissing Small Causes Suit No. 44 of 2005 instituted by revisionist-landlord for eviction and recovery of arrears of rent in respect to disputed premises which is a shop. The shop was let out to defendant-respondent allegedly on a monthly rent of Rs. 4000/- per month, but it is submitted that despite repeated demand, rent has not been paid since February' 2003. It is further submitted that property in dispute was let out to defendant-respondent for a period of eleven months only which expired on 04.02.2003 and since period of lease has not been extended, therefore, the tenant is liable to be evicted.
(3.) Court below formulated five issues as under: 589539-1 "1. Whether the provisions of the UP Act 13 of 1972, as averred by the defendant, is applicable to the property in litigation? 2. Whether the shop in litigation is a part of house no 88/384, Humayun Baag, Kanpur Nagar, Part II as averred by the lady plaintiff, or the shop is situated in house no 88/384, Humayun Baag, Kanpur Nagar as averred by the defendant and whether this difference in the house numbered above put any effect on the identification of the disputed shop or not? 3. Whether tenancy of the defendant commenced since 5.2.2002 and any written contract in this regard was executed between the parties fixing the rent of the shop in litigation as Rs 4000/- per month or whether the defendant has been a tenant being in possession over the disputed shop since 1993 @ 500/- per month. 4. Whether the defendant has defaulted in payment of the rent and whether his tenancy has been terminated vide notice dated 17.3.2005? 5. What relief the plaintiff is entitled to get?" (English Translation by Court);