MUNNEY Vs. JAMUNA DEVI AND 3 OTHERS

JUDGEMENT

(1.) Heard learned counsel for the parties.

(2.) This is tenant's revision under Sec. 25, P.S.C.C. Act directed against judgment and decree dated 15.12.2004 passed by J.S.C.C./ A.D.J., Court No.1, Balrampur in SCC Suit No. 1 of 2003, Smt. Jamuna Devi Vs. Munney and others . The suit was filed by the landlady respondent No.1 against tenant petitioner The landlady impleaded her sons as proforma defendants. According to the plaint allegations, the shop in dispute was let out to the tenant petitioner on a rent of Rs. 90.00 per month and rent note/ lease deed was executed on 11.09.1982. The tenant pleaded that he was continuing as tenant since 1975, initially rate of rent was Rs. 60.00 per month, however afterward it was increased to Rs. 90.00 per month and that in the year 1975, rent note was written on stamp paper. However the said rent note was not produced by the tenant. The tenant denied execution of rent note/ lease deed dated 11.12.1982. Tenant also adduced expert evidence, who reported that rent note/ lease deed dated 11.12.1982 did not contain signatures of the tenant, which was in Urdu, however the expert in his cross examination stated that he did not know Urdu. Accordingly, court below rightly disbelieved the opinion of the expert.

(3.) One of the conditions of rent note/ lease deed dated 11.12.1982 was that in case tenant did not vacate the shop in dispute after service of notice of termination of tenancy, he would be required to pay Rs. 500.00 per month as compensation/ damages for use and occupation of the shop in dispute in addition to Rs. 90.00 per month rent.