ANJANI KUMAR MISHRA,J. - (1.) Heard Shri B.N. Singh, learned counsel for the petitioner.
(2.) The instant petition under Article 227 of the Constitution of India has been filed seeking a writ of certiorari for quashing the order dated 26.05.2014 passed by Judge Small Cause Court, Gorakhpur and the order dated 15.09.2016 passed by the Revisional Court, affirming the order of the Small Cause Court.
(3.) The facts of the case briefly stated are that the respondent filed suit No. 16 of 2014 for eviction, arrears of rent, house and water tax, regarding a shop situated in Mohalla Vegpur Muglani, Bhalotia Market, District Gorakhpur, alleging that, the shop had been let out on a monthly rent of Rs. 150/- with effect from 06.12.1975. The shop was constructed in the year 1975 and therefore, the provisions of U.P. Act No.13, was not applicable to it for a period of 10 years, thereafter. A registered notice was sent to the tenant on 08.07.1981, which was duly served on 11.07.1981. Despite the notice, neither the arrears were paid nor the shop, vacated. Therefore, the suit claiming damages @ Rs. 400/- per month from the date of the termination of the tenancy.;