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PRAKASH PADIA
Ratan Lal Jaiswal – Appellant
Versus
Sunita Devi – Respondent
JUDGMENT :
Prakash Padia, J.
Heard learned counsel for the defendant-revisionist and Mr. Vineet Kumar Singh, learned counsel for the plaintiff-opposite party.
2. The present SCC Revision has been filed by the revisionist, under Section 25 of the Small Causes Court Act, 1887, challenging the judgment and order dated 21.11.2022 passed by the learned Additional District & Session Judge, F.T.C.-2 (under Section 14 of the Finance Commissioner), Gorakhpur in SCC Suit No. 2 of 2021 (Sunita Devi v. Ratan Lal Jaiswal).
3. The facts as stated in the affidavit are that the plaintiff/Sunita Devi has instituted SCC Suit No. 2 of 2021, in the Court of Judge Small Causes Court Gorakhpur on 19.1.2021, the plaint of the said suit is annexed as annexure-1 to the affidavit. As per the plaint averment, a registered rent agreement dated 11.6.2015 was executed between the plaintiff/Sunita Devi and Ratan Lal/defendant for letting out the shop, measuring 10x14 i.e. 140 square feet. The boundaries of the shop have been mentioned in the plaint. As per the registered rent agreement, the monthly rent of the shop was Rs.6000/-. The term of the rent agreement was from 1.7.2015 to 30.6.2020.
4. It is further stat
Pending suits under the old tenancy laws are preserved and maintainable despite the enactment of new legislation governing tenancies.
The main legal point established is the interpretation of the rent agreement and relevant provisions of the U.P. Rent Control Act, 1972 to determine the applicability of the Act and the nature of the....
Eviction of tenant - Unauthorized occupation of tenant - Intention and admission in pleadings indicates the creation of relationship of landlord and tenant and that the amount paid by the revisionist....
Point of law: Eviction of tenant – Relief of arrears of rent - Court in exercise of powers under Section 25 of the Provincial Small Cause Court Act can interfere on limited grounds
The main legal point established is the court's discretion in granting time for the defendant to vacate the premises in a landlord and tenant dispute.
The failure to consider crucial evidence and make specific findings can render a judgment perverse and warrant its quashing.
The Revisional Court's wide jurisdiction under Section 25 of the Provincial Small Cause Courts Act, 1887 allows it to decide the suit on merits if there is sufficient evidence on record, without the ....
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