Surya Prakash Kesarwani, J. - (1.) Heard Sri P.K. Jain, learned Senior Advocate assisted by Sri Abu Bakht, learned counsel for the defendants-revisionists and Sri Surendra Bir Maurya, learned counsel for the plaintiffs-respondents.
(2.) This revision under Section 25 of the Provincial Small Causes Court Act,1887, has been filed by the defendants-revisionists/tenants praying to set aside the order dated 16.1.2018 in S.C.C. Suit No.4 of 2014 (Netrapal Singh v. Surya Prakash Sharma and another) passed by the Additional District Judge/Judge Small Cause Court, Gautam Budh Nagar.
(3.) Briefly stated facts of the present case are that certain shops were constructed by the father of the plaintiffs-respondents namely, Sri Sohan Pal, situate at Naya Bans, Sector 15, Noida, district Gautam Buddh Nagar. As per evidence of D.W. 1, Sri Surya Prakash dated 1.1.2016, these shops were reconstructed in the year 1986-87. Out of which the shop No.25 was let out in the year 1988 at monthly rent of Rs.300/-, while shop no.26 was let out on 1.1.1990 at monthly rent of Rs.700/-. Thus, total rent for two shops on 1.1.1990 was Rs.1000/- was per month, which according to the plaintiffs-respondents was enhanced from time to time and ultimately it was enhanced to Rs.25,000/- from January 2012. In his aforesaid evidence the D.W.1 admitted that the size of shop no.25 is 9 feet x 16 feet and size of shop no.26 is 7 feet x 20 feet. Thus, total area of these two shops is about 306 Sq. feet.;