SURYA PRAKASH KESARWANI,J. - (1.) "If on expiry of lease period of a registered lease deed, a request for further lease for nine years on fresh terms and conditions is made by the tenant without registration of lease under Section 17 read with Section 49 of the Registration Act, 1908, then what shall be the status of the tenant, the tenancy and his eviction? Is the main controversy involved in the present revision." Heard Sri Pankaj Agarwal, learned counsel for the defendants/revisionists and Sri Madhur Prakash, learned counsel for the plaintiffs/ opposite parties in Civil Revision No.561 of 2014, and, Sri Madhur Prakash, learned counsel for the plaintiffs-revisionists and Sri Pankaj Agarwal, learned counsel for the defendants/ respondents in Civil Revision No.141 of 2007.
(2.) Both the aforesaid civil revisions have been filed under Section 25 of Provincial of Small Causes Courts Act, 1887 (hereinafter referred to as 'the Act 1887') and arise from the impugned judgment dated 31.01.2007 in S.C.C. Suit No.04 of 2006 (Ajay Kumar and others. vs. Kshetriya Sri Gandhi Ashram and another). Therefore, with the consent of the learned counsels for the parties, both the revisions are being heard together.
(3.) On removal of defect in Civil Revision Defective No.4 of 2007, it has been numbered as Civil Revision No.561 of 2014 which has been filed by the defendantstenants/ revisionists challenging the impugned judgment, whereby the S.C.C. Suit No.04 of 2006 was decreed and and the defendants-tenants/revisionists were directed to be evicted and were held liable to pay balance amount of rent from 01.01.2006 to 16.01.2006 and, thereafter, damages @ Rs.18,515/- per month from 17.01.2006 till actually vacating the disputed accommodation.;