Suneet Kumar, J. - (1.) The applicant/tenant has approached this Court assailing the judgment and decree dated 26 October 2015 passed by the revisional Court/Additional District Judge, Court No. 1, Kanpur Nagar in SCC Revision No. 8 of 2012 arising from an order passed by the Small Causes Court at Kanpur Nagar decreeing the suit for eviction, arrears of rent and damages.
(2.) The respondent/landlord, a Trust, instituted a suit for eviction and arrears of rent and damages. The applicant appeared and contested the suit. The Trial Court framed four issues; first issue pertains as to whether, there is a relationship of tenant and landlord between the parties and the second issue pertains, as to whether, there is arrears of rent.
(3.) The Courts below returned a concurrent finding holding that it was admitted by the applicant that the premises was taken on rent from the Sarvarakar/Manager of the Trust, the plea of the applicant that he was depositing the rent to one Krishna Kumar, therefore, Leelawati is not the Sarvarakar, was not accepted by the Courts below for the reason that the P.W.-1 categorically stated that Krishna Kumar was accepting the rent as an agent of the Manager. Further, it was established by the material and evidence on record that Krishna Kumar had accepted his mother Leelawati as Sarvarakar upon the death of his father.;