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2012 DIGILAW 2256 (ALL)

Suresh Thakur v. Special Judge Essential Commodities Act, LKO and Ors.

2012-09-25

SAEED-UZ-ZAMAN SIDDIQI

body2012
Saeed-Uz-Zaman Siddiqi, J.:— Heard learned counsel for the petitioner and have gone through the records. By means of present writ petition, the petitioner has sought for writ in the nature of certiorari to quash the judgment and order dated 07.10.2008, passed by learned Judge, Small Causes Court in SCC suit no.141 of 2004, by which suit filed by plaintiffs/respondents for recovery of arrears of rent and damages for use and occupation coupled with eviction has been decreed; writ for quashing the judgment and order dated 17.09.2009, passed by learned Special Judge (E.C. Act), Lucknow in SCC revision no.116 of 2008. The facts, giving rise to this writ petition, are that the respondents 3 to 5 filed small cause suit against the petitioner on the ground that the petitioner is tenant of the disputed premises @ Rs.700/= per month, as rent. The petitioner made alterations and did not pay the rent and water tax, an amount of Rs.4,042.50 became due as against the petitioner. A registered notice of demand of termination of tenancy dated 01.09.2004 was sent, which was received to the petitioner on 03.09.2004, but the defendant/petitioner did not pay any amount, hence the suit was filed. Learned Judge, Small Cause Court did not find any alteration in the tenanted premises by the petitioner and, as such, issue no.1 was decided in favour of the defendant/petitioner. But the learned trial Court has reached to the conclusion that the defendant/petitioner is a defaulter. The learned trial Court has analyzed the evidence, in detail, though it was not required to make elaborate discussion in view of the direction contained in Order 20 Rule 4 of the Code of Civil Procedure. In either case, I do not find any infirmity or illegality in the discussions made and conclusion arrived at by the learned trial Court. The learned revisional Court has also analyzed the entire evidence, de novo and has correctly dismissed the revision. The only point argued on behalf of the petitioner was that since he is tenant of the shop situated in a small portion of house of the landlords and, as such, he was not oblige to pay the taxes, this is harasses. The proportionate taxes in a building have to be paid by the tenant, in addition to rent and this proposition has been settled. The proportionate taxes in a building have to be paid by the tenant, in addition to rent and this proposition has been settled. In view of the discussions made above, this writ petition has no force and is accordingly dismissed. _____________