Allahabad High Court
Allahabad Bank Pahasu vs Shri Ramesh Chandra Sharma on 17 January, 2023
Bench: Salil Kumar Rai
HIGH COURT OF JUDICATURE AT ALLAHABAD
?Court No. - 38
Case :- CIVIL REVISION No. - 531 of 2009
Revisionist :- Allahabad Bank Pahasu
Opposite Party :- Shri Ramesh Chandra Sharma
Counsel for Revisionist :- Smt. Archana Singh,Habib Ahmad,Kshitij Shailendra
Counsel for Opposite Party :- Amit Saxena
Hon'ble Salil Kumar Rai,J.
List has been revised. No one appears for the opposite party.
Shri Habib Ahmad, the counsel for the revisionist is present.
This is a tenant's revision under Section 25 of the Provincial Small Causes Court Act, 1887 against the judgment and decree dated 04.09.2009 passed by the Small Causes Court, Bulandshahar in Small Causes Court Case No.12 of 2003.
Small Causes Court Case No.12 of 2003 (Ramesh Chandra Sharma Vs. Allahabad Bank) was instituted by the respondent-landlord for eviction of the revisionist from the suit premises and for arrears of rent. In the plaint instituting Small Causes Court Case No.12 of 2003, it was stated that the revisionist was a tenant in the suit property at the rate of Rs.700/- per month which subsequently by order dated 03.06.1995 passed by the Rent Control and Eviction Officer/ Sub Divisional Magistrate, Khurja, Bulandshahar was increased to Rs.2138/- per month. It was stated in the plaint that the revisionist had defaulted in payment of rent and therefore, a notice terminating his tenancy was served on the revisionist by the landlord. However, the revisionist did not vacate the suit premises and also did not pay the arrears of rent. The Small Causes Court after holding that the revisionist had defaulted in payment of rent and his tenancy has been validly terminated through notice dated 07.02.1996 and also after holding that the suit property was governed by Act No.13 of 1972 decreed S.C.C. Suit No.12 of 2003 vide its judgement and decree dated 04.09.2009. In its judgment, the Small Causes Court has noted that the tenant was liable to pay rent at the rate of Rs.2138/- per month from 29.03.1993. However, in its judgement and decree dated 04.09.2009, the Small Causes Court directed that the revisionist was liable to pay rent at the rate of Rs.2138/- till 04.10.1996 with an increase of ten percent every year i.e., Rs.2352/- from 04.10.1996 for a period of one year and in the next year at the rate of Rs.2587/- per month. The decree dated 04.09.2009 has been challenged in the present revision.
It has been stated by the revisionist that the disputed premises had been vacated and its possession had been handed over to the opposite party/ landlord on 09.06.2012 and therefore, the revision was being pressed only so far as the decree relates to arrears of rent and to the extent that the Court below has made yearly enhancement of the rent at the rate of ten percent. It was argued by the counsel for the revisionist-tenant that the yearly enhancement of ten percent made by the Small Causes Court is excess and be reduced.
I have perused the records.
It is apparent from a reading of the judgment of the Small Causes Court that the demised premises was governed by U.P. Act No.13 of 1972 and therefore, the tenant was liable to pay rent at the rate fixed by the Rent Control and Eviction Officer. It is also apparent that the rent as fixed by the Rent Control and Eviction Officer vide its order dated 03.06.1995 was Rs. 2138/- per month.
No reasons have been given by the Small Causes Court for allowing the yearly enhancement at the rate of ten percent so far as payment of arrears of rent by the tenant-revisionist was concerned. In view of the aforesaid, the judgment and decree dated 04.09.2009 passed by the Small Causes Court so far as it directs that the tenant-revisionist shall pay rent to the landlord-respondent with an yearly enhancement of ten percent from 04.10.1996 is set-aside.
The decree dated 04.09.2009 passed by the trial court i.e., the Small Causes Court, Bulandshahar in Small Causes Court Case No.12 of 2003 is modified and it is directed that the arrears of rent payable by the revisionist-tenant till the date he vacated the suit premises would be Rs.2138/- per month.
With the aforesaid directions, the revision is partly allowed.
Order Date :- 17.1.2023
Vipasha
