SURYA PRAKASH KESARWANI,J. - (1.) Heard learned counsel for the defendant-revisionist/tenant.
(2.) This revision has been filed praying to set aside the judgment dated 29.7.2017 in S.C.C. Case No. 42 of 2014, passed by the Judge Small Cause Court/Addl. District Judge, Court No. 5, Ghaziabad.
(3.) Briefly stated facts of the present case are that undisputedly one Sri Ramesh Chandra Gaur, father of the respondent-plaintiff was the owner and landlord of house No. B-60, Braj Bihar, Ghaziabad. The sale deed of the aforesaid house was executed by Ghaziabad Development Authority on 29.6.2003. The aforesaid, Sri Ramesh Chandra Gaur, died on 24.10.2006. He was succeeded by his wife Smt. Daymanti Gaur, who died on 21.1.2013. Thereafter, the respondents-plaintiffs being son of the aforesaid Ramesh Chandra Gaur and Smt. Daymanti Gaur, became the owner and landlord of the disputed house. It is undisputed that defendant-revisionist/tenant was inducted as tenant in the aforesaid house by the father of the respondents-plaintiffs. A finding of fact has been recorded in the impugned judgment that the defendant-revisionist is the tenant since the year 1992. On account of default in payment of rent the respondents-plaintiffs sent a notice dated 4.12.2013 to the defendant-revisionist under section 106 of the Transfer of Property Act whereby the tenancy was terminated and arrears of rent and damages were demanded. Since, neither arrears of rent was paid nor the vacant possession of the tenanted premises was handed over by the revisionist-defendant and as such the respondents-plaintiffs/landlord filed S.C.C. Case No. 42 of 2014 which has been decreed by the impugned judgment dated 29.7.2017.;