JUDGMENT :

Surya Prakash Kesarwani, J.

"Waiver of notice to quit under Section 113, determination of tenancy under Section 106 and deposition by power of attorney holder on behalf of landlord are the main questions involved in this petition."

1. Heard Shri Manu Khare, learned counsel for the defendants-tenants/petitioners and Shri Chetan Prakash, learned counsel for the plaintiff-respondent.

Facts:

2. A shop in house No. D-58/12A-82, Gandhi Nagar, Sigra, Varanasi, was let out by its owner and landlady Smt. Sita Devi Agarwal (the plaintiff-respondent) to the defendants- tenants/petitioners No. 1 and 2 under a rent agreement dated 6.1.2009 at the monthly rent of Rs. 2,005. The tenancy commenced from 1.1.2009. Thereafter mutually the rent was enhanced with effect from 11.2.2011, from Rs. 2,005 to Rs. 3,000 per month. On 9.9.2013, the plaintiff-landlady/respondent issued a notice under Section 106 of the Transfer of Property Act, 1882 (hereinafter referred to as "the Act 1882") to the defendants-tenants/ petitioners determining the tenancy. Since the notice was not complied with by the defendants-tenants/petitioners, therefore, the plaintiff-landlady filed S.C.C. Suit No. 49 of 2014, Smt. S