- (1.) The present writ petition has been filed by the tenant under Article 227 of the Constitution of India impugning the judgment and decree dated 04.08.2016 passed by the Court of Small Causes/Civil Judge (Senior Division), Lakhimpur Kheri and judgment and order dated 27.11.2018 passed by Additional District Judge-III in SCC Revision No.14/2016.
(2.) Respondent No.3 filed a suit before the Small Causes Court stating therein that she was the owner of the shop in question. She further said that Kaushal Kishore Gupta s/o Puttu Lal Gupta was the owner of the shop before her. The stop was situated on a Nazul land and the State Government vide freehold deed dated 16.03.2000 transferred the said shop in favour of Kaushal Kishore Gupta. After Kaushal Kishore Gupta became the owner of the aforesaid shop, he vide registered sale deed dated 31.03.2010 transferred the shop in question in favour of the respondent-plaintiff. In view of the registered sale deed in her favour, she became the land lady of the shop. The petitioners/defendants were in possession of the aforesaid shop as tenant on a monthly rent of Rs.200/-. They had not paid rent with effect from January, 2000 either to the erstwhile owner, Kaushal Kishore Gupta or to the respondent-plaintiff.
(3.) It was further said that when the plaintiff purchased the shop, she informed about it to the defendants and demanded the rent but the defendants did not pay the rent. Vide registered notice dated 6-8.9.2010 rent was demanded from the tenants and said that in the event of failure to make the payment of rent the tenancy would get terminated.;