The facts in brief are that on 12.09.2004 an agreement was entered into by defendant-revisionist and respondent-opposite party. After the agreement, the defendant-revisionist had opened a shop in the building of the respondent-opposite party, thereafter, the defendant-revisionist had been running shop and continuously paying the rent as per the agreement. On 05.10.2019, the landlord sent a notice to the defendantrevisionist to vacate the shop in question. On 08.11.2019, the defendant-revisionist had given reply to the aforesaid notice denying the payment of extra amount and had filed suit for prohibitory permanent injunction under order 39 Rule 1 Civil Procedure Code before Civil Judge (Junior Division) Varanasi, who vide order dated 23.07.2021 has passed the order directing the parties to maintain the status quo. Feeling aggrieved, the respondent-opposite party filed an application before Small Causes Court/Additional District Judge Small Cause No.43 of 2019 (Sri Dharam Sangh Shiksha Mandal through its Secretary vs. Jitendra Kumar Singh) on 16.11.2019 to dispossess the defendant-revisionist from the building of the landlord and also recover the rest rent amount of Rs.2,55,200/-, hence, this SCC revision.
