Manoj Kumar Gupta, J. - (1.) The instant revision under Section 25 of the Provincial Small Cause Courts Act, 1887 has been filed assailing the judgment and decree dated 3.5.2014 passed by the Court of Small Causes in SCC Suit No. 71/2011 whereby, the suit filed by the plaintiff-respondents for recovery of arrears of rent and for eviction of the defendant-revisionists from a shop on Ist floor of building bearing Municipal No. 182, Shankar Market, Abu Lane, Merrut Cantt. Meerut (for short 'the disputed shop') was decreed.
(2.) The facts, in brief, necessary for the disposal of the instant revision, are as follows : - The plaintiffs instituted the suit, referred to above, with the allegation that they are owners and landlords of building No. 182, Shankar Market, Abu Lane, Meerut Cantt, Meerut, a two storied building; they had purchased the same by registered sale deed dated 18.12.2006 from the erstwhile owner and landlady Smt. Swarn Lata Aggi wife of late Satish Chandra Aggi; partnership firm M/s. Janta Finance & Trading Corporation (for short 'the firm') in which defendant Nos. 1 & 2 along with their father late Gajendra Sharma were partners, was tenant of the disputed shop on a rent of Rs. 1000/- per month; upon death of one of the partners Gajendra Sharma, the partnership firm got dissolved; the remaining partners did not reconstitute the firm; presently, no business is being transacted by the defendants from the disputed shop; after death of Gajendra Sharma, the defendants being his heirs and legal representatives have inherited the tenancy; rent from 1.12.2010 is due; despite notice under Section 106 of the Transfer of Property Act, 1882 dated 17.8.2011, sent by registered post on 24.8.2011, and served upon the defendants on 28.8.2011, the defendants have failed to pay arrears of rent; the defendants have sub-let the disputed shop to Siya Ram Kasturi Devi Education Society (for short 'the Society') registered under the Societies Registration Act, 1860 on a rent of Rs. 6000/- per month; consequently, the defendants are liable to eviction on the ground of default in payment of rent and for sub-letting the disputed shop to the Society.
(3.) The suit was contested by the defendants by filing written statement and in paragraph 1 thereof, it is pleaded that the sale deed dated 18.12.2006 is illegal and void, as permission from Cantonment Board, in terms of Governor General Order No. 179 of 1836 was not obtained; rent of Rs. 1000/- per month is being regularly tendered to the plaintiffs; after death of Gajendra Sharma, their father, the firm was duly reconstituted; the firm has not been made party to the proceedings, therefore, the suit is bad for non-joinder of the partnership firm; rent from 1.8.2010 was duly deposited in the account of the plaintiffs at Punjab National Bank, Abu Lane, Meerut Cantt. Meerut; the defendants had also deposited entire arrears of rent along with interest, cost, etc. since 1.12.2010 in the suit itself to avail the benefit of Section 20(4) of U.P. Act No. 13 of 1972 (for short 'the Act'); the disputed shop has not been sub-let to anyone as alleged; the disputed shop was taken on rent sometime in 1998-99 whereas, the Society got registered prior to that in the year 1995 thus, there is no question of the shop being sub-let to the Society; the defendants along with other partners are carrying on business in the disputed shop in the firm name M/s. Janta Finance & Trading Corporation and the allegation of sub-letting is incorrect.;