Back
SUBHASH VIDYARTHI
Rakesh Gupta – Appellant
Versus
Shail Kumari Gupta – Respondent
JUDGMENT :
Subhash Vidyarthi, J.
1. Heard Sri Pritish Kumar and Sri. Amal Rastogi, the learned counsel for the revisionist and Shri Abhay Kumar Srivastava, the learned counsel for the sole opposite party. With the consent of the learned Counsel for the parties, the revision is being decided finally at the admission stage itself.
2. By means of the instant revision filed under Section 25 of the Provincial Small Causes Court Act, the revisionist has challenged validity of a judgment and order dated 29.05.2024 passed by the learned Additional District and Sessions Judge, Court No. 16, Lucknow in SCC Suit No. 14 of 2014, whereby the SCC Suit filed by the opposite party for the revisionist’s ejectment from a shop in his tenancy and for recovery of rent at the rate of Rs.6,600/-per month, has been decreed.
3. The aforesaid suit was filed by the opposite party on 07.02.2014 inter alia stating that she is the owner of building No.133/211 situated in Mohalla Takiya Ganeshganj, Aminabad Road, P.S. Naka, District- Lucknow. The defendant-revisionist is her tenant in respect of one of the shops situated in the building which is bounded as below: -
| East | Aminabad Road, |
| West | Ho |
The court clarified that a tenant cannot benefit from their own failure to pay stamp duty on an agreement, affirming the validity of the agreement presented by the revisionist.
The judgment emphasizes the importance of establishing the landlord-tenant relationship and complying with statutory provisions regarding rent payment and termination of tenancy.
The main legal point established in the judgment is that compliance with the legal provisions regarding rent payment and termination of tenancy is essential, and the court has the discretion to grant....
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
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: When the aid of Revisional Court is invoked on the revisional side, it can interfere within the permissible parameters provided in the statute. It goes without saying that if a revision....
The burden of proof lies with the tenant to establish payment of arrears of rent, and failure to deposit rent during the pendency of the Suit can lead to eviction.
An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers
Please visit our Training & Support
Center or Contact Us for assistance
Scan Me!
India’s Legal research and Law Firm App, Download now!
For Daily Legal Updates, Join us on :
Back to top
