AYUB KHAN Vs. SMT. SHAKILA ASRAF AND ORS.

JUDGEMENT

(1.) I have heard Shri R.K. Sharma, learned counsel for the revisionist and Shri Mohd. Arif Khan, learned Senior Advocate, assisted by Shri Mohd. Aslam Khan, learned counsel for the opposite parties and also perused the record.

(2.) The revisionist has filed this revision under Section 25 of the Provincial Small Causes Courts Act against the judgment and decree dated 25.4.2011, passed by the Judge, Small Causes/Additional District Judge Court No. 11, Sitapur, in SCC Suit No. 6 of 1996.

(3.) The suit for recovery of arrears of rent and ejectment was filed one Qazi Haseeb Ashraf against Ayyub Khan alleging that he was owner and landlord of Kothi Ashraf Manzil Sitapur. It was also stated that Ayyub Khan was tenant in a portion of the aforesaid house on a monthly rent of Rs. 1000/-. Apart from rent, Ayyub Khan was also under obligation to pay Rs. 100/- as Water Tax @ 10% of the rent and Rs. 200/- per month towards the electricity charges. It was further pleaded that he did not pay the rent with effect from October, 1990 till June, 1996 and as such he fell into arrears of rent. It was also pleaded that till June 1996 he was in arrear of rent amounting to Rs. 63,000/-. He was also liable to pay Rs. 12,600/- towards the water tax and electricity charges. According to the land lord, the tenant was served with a notice dated 9.7.1996, by which his tenancy was terminated and arrears of rent was demanded but in-spite of service of notice, neither the arrears of rent were paid nor the premises was vacated. It was also said that the tenant raised a temporary structure in front of his tenanted portion as a result of which building was dis-figured. It was also said that the tenant started taking forcible possession of the Eastern portion of the house and collected building material. However, the landlord claimed arrears of rent only for 3 years because the remaining arrears of rent became barred by time.