MANOJ MISRA,J. - (1.) Heard learned counsel for the revisionist; Sri Chandra Bhan Gupta for the plaintiff-respondents and perused the record.
(2.) The present revision under Section 25 of the Provincial Small Causes Court Act, 1887 has been filed against an order dated 15th February, 2017, passed by Additional District Judge, VII, Kanpur Nagar in SCC Suit No.290 of 2015, by which application no.68 Ga of the defendant-revisionist to reject the plaint under Order 7, Rule 11 CPC has been rejected.
(3.) A perusal of the record would reveal that the plaintiff-respondents instituted SCC Suit No.290 of 2015 for eviction of defendant-revisionist as also for mesne profit/damages by contending that the defendant was let out the premises in dispute by a registered lease agreement dated 18th October, 2004 for a period of seven years and six months on a monthly rent of Rs.18,216/-. It was stated that tenancy commenced from 1st July, 2004 and came to an end by efflux of time on 31st December, 2011. Thereafter a tenancy termination notice dated 20th May, 2015, under Section 106 of Transfer of Property Act, was served on the defendant but, despite service of notice, tenant did not handover vacant possession of the premises in dispute hence the suit was necessitated. In the suit, damages @ Rs.5,000/- per day was also claimed from the date of termination of tenancy till handing over possession of the suit property.;