MAHENDRA DAYAL,J. - (1.) Both the aforesaid revisions arise out of the same judgment and decree dated 29.03.2017, passed by Judge, Small Cause/Additional District Judge, Court No. 6, Gonda, in S.C.C. Suit No. 1 of 2013, therefore, both the revisions are being taken up together and decided by a common judgment.
(2.) S.C.C. Revision No. 40 of 2017 has been filed by the tenant revisionist challenging the judgment and decree of eviction while another S.C.C. Revision No. 51 of 2017 was filed by the landlords for acknowledging the rent of disputed premises as Rs. 14,000/- per month with effect from 01.01.2012 and direct the tenant to make the payment of arrears of rent accordingly.
(3.) The landlord Jiyalal Sahu filed a suit for recovery of arrears of rent and eviction against his tenant Rajendra Kumar alias Raju with the allegations that he was tenant in respect of the disputed shop with effect from 01.01.2012 @ Rs. 14,000/- per month. The tenant was carrying on business in the disputed shop under the name and style "Sunil Rajendra Tent House". Apart from the aforesaid rent, the tenant was also required to pay the house tax and water tax @ 15% of the monthly rent. The tenant fell in arrears of rent with effect from 01.01.2012 to 31.05.2013 and a sum of Rs. 2,38,000/- became due towards arrears of rent. The house tax and water tax amounting to Rs. 35,700/- also became due, but the tenant did not pay the same. However, the tenant paid Rs. 50,000/- towards part payment of rent on 17.12.2012 and after adjustment of the aforesaid amount of Rs. 50,000/-, a total some of Rs. 2,23,700/- remained due from the tenant, which he did not pay in-spite of repeated demands. The landlord then issued a notice under section 106 of the Transfer of Property Act on 31.05.2013 demanding arrears of rent within thirty days and also terminating his tenancy after expiry of thirty days from the date of receipt of notice. The tenant was also asked to vacate the disputed shop and hand over the vacant possession thereof to the landlord. The tenant did not pay any rent even after lapse of thirty days and sent a reply through his advocate on 02.07.2013 making baseless allegations therein. The landlord then filed a suit for recovery of arrears of rent and eviction.;