A.N.Dikshita - (1.) THIS revision under Section 25 JSCC Act has been directed against the judgment and order dated 2nd December, 1988, decreeing the suit of the plaintiff for eviction and for recovery of rent and mesne profits amounting to Rs. 3960/- with pendente lite and future damages for wrongful occupation at the rate of Rs. 110/- per month.
(2.) THE facts in narrow compass are that the applicant is a tenant of the opposite party of house situate at Jhankar Gali, Tappal, Tahsil Khair, District Aligarh on a monthly rental of Rs. 110/-. The opposite party alleged that the applicant is a bad pay master and has not paid rent since December, 1983 inspite of repeated demands, whereupon, the opposite party served a notice on the applicant calling upon him to pay the rent and also terminating his tenancy on the expiry of the statutory period. This notice was allegedly served on the applicant on 23-10-1986, Failing to comply with the requirement of the notice the opposite party filed a suit for eviction. On the basis of the oral and documentary evidence adduced by the parties the suit was decreed as stated above.
(3.) HENCE this revision. Heard learned counsel for the parties. Learned counsel for the applicant Sri D. P. Singh has submitted that an amount of Rs. 9000/- was spent in the repair of the house with the consent of the landlord. However, the trial court found that such a consent is utterly wanting and the applicant had no right to adjust Rs. 9000/- in the rent. It would thus, be clear that the applicant was in arrears of rent and despite demands failed to pay it. The submission as advanced on behalf of the applicant is, thus, unfounded.;