ADESH KUMAR Vs. ADESH KUMAR JAIN
LAWS(ALL)-2016-7-346
HIGH COURT OF ALLAHABAD
Decided on July 05,2016

ADESH KUMAR Appellant
VERSUS
Adesh Kumar Jain Respondents

JUDGEMENT

Pankaj Naqvi, J. - (1.) Heard Sri. Sumit Daga, learned counsel for the revisionist.
(2.) This revision is preferred against the order dated 11.5.2016 passed by Addl. Judge, Small Causes Court, FTC, Court no.4, Muzaffarnagar in SCC Suit no. 4 of 2009 rejecting an amendment application filed by the revisionist/defendant.
(3.) Brief facts are as under: The opposite party filed a suit for eviction and arrears of rent etc on the small cause side of the jurisdiction on 4.3.2009 alleging the revisionist to be a tenant of the shop since July 1992 at a rental of Rs. 365/- per month + taxes; that rent was mutually enhanced to Rs. 500/- per month w.e.f, October 1992 and that rent paid only upto March 2005 and no amount has been paid since thereafter. The plaint also alleged that in October 2007 on account of mutual understanding between the parties, rent was further enhanced to Rs. 620/- per month, w.e.f, 2007. It finally alleged that the revisionist/tenant is in arrears of almost 31 months since April 2005 to October 2007 @ Rs. 500/- per month, amounting to Rs. 15,500/- and since November 2007 till December 2008, i.e, 14 months @ Rs. 620/- per month amounting to Rs. 8680/- in all amounting to Rs. 24180/- + mesne profit @ Rs. 1000/- per month, which remains unpaid despite a registered quit notice dated 14.1.2009, hence the suit.;


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