ATTAU RAHMAN MASOODI,J. - (1.) This S.C.C. Revision has arisen out of judgment and decree dated 17.10.2015 passed by the court of Additional District Judge, court no. 1, Pratapgarh whereby the suit for eviction and recovery of arrears of rent coupled with damages has been decreed against the revisionist.
(2.) It is an admitted position of facts that the revisionist is a tenant of the shop in question. The suit for eviction came to be filed on the ground of default of payment of rent and taxes for which notice was issued to him on 11.2.2009. The notice of termination of tenancy was sent to the revisionist through registered post on 11.2.2009 on his correct address and non-compliance thereof gave rise SCC Suit No. 02 of 2009. Summons were issued to the revisionist but the same on being received back unserved, notice was permitted through publication in the news paper. Notice was published in the news paper on 15.4.2010 and in response thereto vakalatnama was filed by the revisionist on 7th April, 2010 and thereafter written statement was also filed on 15th July 2010.
(3.) After filing of the written statement, issues were framed by the trial court on 5th May, 2011 and as many as eight issues were framed, which are as under:- Issue nos. 1 and 2 relate to the rent. Issue no. 3 relates to the arrears of rent. Issue no. 4 relates to the liability of payment of water tax and house tax being included in the rent. Issue no. 5 has been framed to adjudicate the payment of arrears of rent, water tax and house tax notwithstanding the fact of service of notice. Issue no. 6 has been framed as to whether the respondents had acquired a right to re-enter upon the rented shop. Issue no. 7 is as regards the maintainability of the suit Issue no. 8 relates to the relief which the landlord is entitled too.;