SURYA PRAKASH KESARWANI, J. - (1.) Heard Sri M.D. Singh Shekhar, learned Senior Advocate assisted by Sri Pawan Shukla, learned counsel for the judgement debtor and Sri Shashi Nandan, learned Senior Advocate assisted by Sri Madhav Jain for the opposite party/decree holder. Facts of the case
(2.) Briefly stated the facts of the preset case, are that a plot bearing No.C-42, Foundry Nagar, Chatta Ward, Agra, was leased by the Uttar Pradesh State Industrial Development Corporation, Agra ( hereinafter referred to as 'UPSIDC') to the opposite party/decree holder by a lease deed registered on 3.9.2004. Subsequently, the opposite party/decree holder let out in the year 2004 a building in the aforesaid premises consisting of a godown covered by a tin shed and four rooms (hereinafter referred to as the 'Disputed Property') to the revisionist/defendant/judgment debtor at a monthly rent of Rs.8,000/- besides taxes and electricity charges etc.
(3.) From time to time the rent was enhanced and lastly on 7.9.2011, as agreed, the rent was enhanced to Rs.12,500/- per month besides taxes and electricity charges etc. It was further agreed between the parties that the disputed premises shall be vacated by 31.3.2012 and its possession shall be handed over to the opposite party-decree holder, failing which the judgment debtor shall pay damages @ Rs. 3,500/- per day. The disputed property was not vacated and consequently, the opposite party/decree holder sent a legal notice dated 18.6.2012 demanding arrears of rent and also terminated the tenancy. Since, the notice was not complied with by the revisionist-judgment debtor and as such the opposite party-decree holder filed SCC Suit No.46 of 2012 in the Court of District Judge, Agra, which was decreed by judgment and decree dated 25.8.2013 passed by the Special Judge (SC/ST), Agra on the basis of compromise between the parties being Paper No.34-C.;