AWADH BIHARI TRIPATHI Vs. SHANTI DEVI SHUKLA

JUDGEMENT

(1.) This is a revision preferred by a tenant under Section 25 of the Provincial Small Cause Courts Act, 1887 against the judgment and order dated 01st March, 2013 and decree dated 07th March, 2013 passed by the Judge, Small Cause Court/Additional District Judge, Court No. 7, Kanpur Nagar, whereby Small Cause Suit No. 160 of 2009 (Smt. Shanti Devi Shukla v. Sri Awadh Bihari Tripathi) filed by the landlady-respondent has been decreed by directing the tenant-revisionist to vacate the suit premises within thirty days and to pay the arrears of rent of Rs.70,066/- and damages at the rate of Rs.2,000/- per month since 28th September, 2009 till the actual physical possession is handed over to the landlady.

(2.) The essential facts are that the respondent is landlady/owner of Premises No. 133/16, Transport Nagar, Kanpur Nagar. The revisionist is tenant in a shop situated in the said premises at the rate of Rs.2,000/- per month excluding the tax. Said shop was let out in the year 1986 vide a lease agreement dated 16th December, 1986 for a period of 11 months. The tenancy started from 15th December, 1986 and came to an end on 14th November, 1987. However, in spite of expiry of said period of agreement, the tenant did not vacate the suit premises. Thereafter at the instance of the landlady the rent was enhanced from Rs.1,000/- to Rs.2,000/- per month in terms of Clause-14 of the agreement. It is stated that the tenant has deposited the rent from 16th November, 1987 to 31st December, 1990 at the rate of Rs.2,000/- per month, which comes to a total sum of Rs.75,000/-, and the landlady issued a receipt of the said amount on 04th December, 1990. It is further stated that when the landlady asked the tenant to pay 18% tax in addition to the rent in terms of the agreement since January, 2001, the tenant refused to pay the said tax and also stopped paying rent since January, 2001. When after several requests the tenant did not pay the rent and the tax, the landlady on 24th August, 2009 sent a notice to the tenant determining his tenancy and made a demand of arrears of rent. Vide said notice the tenant was asked to vacate the premises in terms of the notice. The said notice was served on the tenant on 28th August, 2009 but neither he did pay arrears of rent, as demanded in the notice, nor did he vacate the premises. The tenant had sent a reply to the said notice on 19th September, 2009, wherein he disputed the rate of rent. According to the tenant, agreed rent was Rs.1,000/- per month and not Rs.2,000/- per month, as claimed by the landlady in her notice.

(3.) Against this background, the landlady-respondent instituted a suit for eviction and arrears of rent in the Court of Judge, Small Cause, Kanpur Nagar which was registered as Small Cause Suit No. 160 of 2009 (Smt. Shanti Devi v. Sri Awadh Bihari Tripathi). The revisionist-tenant contested the suit and filed his written statement and denied the claim made by the landlady.