ANJANI KUMAR MISHRA,J. - (1.) Heard Shri Vishnu Kumar Singh for the revisionists and Shri Naveen Sinha Senior Advocate for the opposite party.
(2.) The instant revision under Section 25 of the Provincial Small Causes Courts Act is directed against the order dated 04.10.2016 passed by the Small Causes Court/Additional Sessions Judge, Court No.3, Varanasi in SCC Suit No. 12 of 2004, filed by the opposite party.
(3.) This suit for arrears of rent, eviction and mesne profit was filed regarding shop no. 2 situated in Premises No. B-31/18 and 31/18A Lanka, Varanasi alleging that the shop was let out to the predecessor-in-interest of the revisionist on 26.11.1986 at Rs. 400 per month as rent. Subsequently, the rent was enhanced to Rs. 450 per month. No rent was paid after April, 1995. It was also alleged that the tenant had encroached upon the verandah in front of the shop. He had, in collusion with one Sumitra, tenant of shop no. 8, demolished the partition wall between shop no. 2 and 8 and converted into the one shop. A registered notice regarding arrears of 108 months of rent from May, 1995 to April, 2004 was sent on 05.05.2004 and by this notice, the tenancy was also terminated.;