- (1.) RAKESH Tiwari, J. Heard Counsel for the parties and perused the record.
(2.) THIS writ petition has been filed for quashing the order dated 8-2-2007 passed by XII Additional District Judge, Agra in JSCC Revision No. 34 of 2004 whereby he confirmed the order dated 21- 4-2004 passed by Judge Small Causes Court, Agra in JSCC Suit No. 13 of 2003 decreeing the suit in favour of the respondent- landlord. The respondent filed JSCC Suit No. 13 of 2003 before the Judge Small Causes Court, Agra against the petitioner for recovery of water tax for the period of three years amounting to Rs. 360/-, mesne profits and ejectment from the disputed shop in property No. 8/372-A, Shah Taj Market situate at Bhogalpura Shahganj, Agra alleging that the petitioner is tenant in the premises in question since 22-1-1997 and he has sub-let the shop in question to one Sandeep Sharma son of Sri Murari Lal Sharma. Written statement was filed by the petitioner denying the allegations of sub-letting and payment of water tax included in rent according to the agreement executed by the landlord regarding the tenancy.
(3.) THE Judge Small Causes Court vide order dated 21-4-2007 decreed the suit holding that water tax as part of rent and is not excluded; and that non-payment of water tax amounts to the default in payment of rent. THE relevant portion of the finding of the Judge Small Causes Court is as under : ...[VERNACULAR TEXT OMITTED]... Aggrieved by the aforesaid order dated 21-4-2007 the petitioner filed JSCC Revision No. 34 of 2004 before the Revisional Court which was also dismissed vide order dated 8-2-2007, hence this writ petition.;