Surya Prakash Kesarwani, J. - (1.) Heard Sri Sheo Ram Singh, learned counsel for the defendant- tenant/petitioner and Sri Subhodh Kumar, learned counsel for the plaintiff-landlady/respondents.
(2.) Briefly stated facts of the present case are that one Smt. Meena Dua, was granted lease of MIG 92, Tibri Nath, BDA Colony, Bareilly measuring 128.99 Sq. Meters by the Bareilly Development Authority vide registered lease-deed dated 14.7.1994. Subsequently, the aforesaid Smt. Meena Dua constructed five shops in a portion of the aforesaid property. She sold a part of the aforesaid property to the plaintiff-landlady, measuring 40.96 Sq. Meters consisting of five shops, by registered sale deed dated 28/31.1.2008, after getting free hold the entire area of MIG 92, on 9.1.2008. It is recorded in the aforesaid sale deed dated 28/31.1.2008, executed by Smt.Meena Dua, that after she purchased/got lease from Bareilly Development Authority by registered deed dated 14.7.1994, she constructed shops. The defendant-tenant/petitioner was inducted as tenant in one of the shops in the year 2007 by Smt. Meena Dua. After purchasing of the aforesaid property by registered sale-deed dated 28/31.1.2008, the defendant-tenant started paying rent to the plaintiff-landlady, but subsequently, he defaulted in payment of rent. Therefore, the plaintiff-landlady issued a notice dated 7.2.2013 by registered post whereby, she determined the tenancy and demanded arrears of rent. The said notice was served by refusal upon the defendant-tenant on 14.2.2013. According to the plaintiff-landlady, since the defendant-tenant has not paid the arrears of rent and has also not vacated the disputed shop, therefore, she filed S.C.C. Suit No.18 of 2013 (Smt. Indu Gupta v. Sarvesh Kumar Singh), which was decreed by the Judge Small Cause Court, Bareilly by judgment dated 19.1.2017.
(3.) Aggrieved with the aforesaid judgment, the defendant-tenant filed Revision No.06 of 2017 (Sarvesh Kumar Singh v. Smt. Indu Gupta), which was dismissed by judgment dated 23.01.2018 passed by the Additional District Judge, Bareilly.;