SURYA PRAKASH KESARWANI,J. - (1.) Heard Sri Anil Tiwari, learned counsel for the defendant-revisionist and Sri Rahul Jain, holding brief of Sri Kunal Ravi Singh, learned counsel for the plaintiffs-respondents.
(2.) This revision under section 25 of the Provincial Small Cause Courts Act, 1887, has been filed praying to set aside the judgment and decree dated 31.8.2016, in SCC Case No. 19 of 2008 (O.P. Shah and another v. Alok Kumar Kaushik ), passed by the Special Judge (E.C. Act)/Additional District Judge, Ghaziabad. Facts
(3.) Undisputedly, the plaintiffs-respondents are the owner and landlord of the House No. 2/416, Chiranjeev Vihar, Ghaziabad, in which the defendant revisionist was inducted as tenant w.e.f. 10.10.2004. According to the defendant-revisionist, the tenancy was orally made for a period of eight years on a monthly rent of Rs. 2500/- for one year and thereafter Rs. 2600/- per month. According to the plaintiffs-respondents, the tenancy was only for ten months. It was alleged by the plaintiffs-respondents that the defendant-revisionist has a residential plot in the vicinity of the disputed house and he took the disputed house on rent on the undertaking that he shall get his house constructed over his plot and shall vacate the disputed house within ten months. On the allegation that despite service of notice, the house, was vacated and the defendant-revisionist defaulted in payment of rent, a SCC case No. 19 of 2008 (O.P. Shah and another v. Alok Kumar Kaushik) was filed by the plaintiffs-respondents on 27.5.2008. The defendant-revisionist filed the written statement. Parties led their evidences and thereafter the aforesaid SCC case was decided on merit by the impugned judgment dated 31.8.2016 whereby the defendant-revisionist has been directed to vacate the disputed house within two months and to handover its vacant and peaceful possession to the plaintiffs-respondents and also to pay arrears of rent amounting to Rs. 54000/-.;