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RAJAN ROY
T. R. Diamond Pvt. Ltd. Thru. Aveg Mehrotra – Appellant
Versus
Priyanshi Developers Pvt. Ltd. Thru. Vivek Jain – Respondent
JUDGMENT
Rajan Roy, J.
Heard Mr. Mohd. Arif Khan, learned Senior Advocate assisted by Mr. Mohd. Aslam Khan, learned counsel for the revisionist as well as Mr. Vidya Dhar Upadhyay and Mr. Amrendra Nath Tripathi, learned counsel for the respondent.
2. This revision has been filed under section 25 of the Provincial Small Cause Courts Act, 1887 (hereinafter referred as 'Act 1887') challenging the judgement and order dated 25.08.2021 passed by the SCC Court in SCC Suit No. 52 of 2018 by which the said suit of the respondent-plaintiff for arrears of rent, eviction and damages has been allowed.
3. Facts of the case in brief are that the revisionist-defendant was a tenant of the respondent-plaintiff. As he defaulted in payment of rent and there were arrears thereof accordingly on 06.11.2018 a legal notice was given determining the tenancy, asking the revisionist to vacate the premises and to handover peaceful possession, as also, claiming arrears of rent and damages for unauthorized occupation. Based on the said notice, aforesaid suit was filed by the respondent-plaintiff claiming the reliefs already referred here in above. Written statement was filed by the revisionist-defendant, however,
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.
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 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.
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 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....
Failure to regularly deposit admitted monthly rent under Order 15 Rule 5 CPC without timely representation constitutes deliberate defiance justifying striking off tenant's defence in eviction suit.
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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