Prafulla C. Pant, J. - (1.)This revision, preferred under Sec. 25 of the Provincial Small Cause Courts Act, 1887, is directed against the judgment and decree dated 22.02.1985, passed by Judge Small Cause Court/I Additional District Judge, Nainital, in S.C.C. Suit No. 06 of 1980, whereby said suit has been decreed against the defendants (present revisionists) for their ejectment from the premises in suit, and also for recovery of arrears of rent and mesne profits.
(2.)Heard learned Counsel for the parties and perused the lower court record.
(3.)Brief facts of the case are that, as per the plaint case, plaintiff is landlady of accommodation in suit and defendants are her tenant on rent at the rate of Rs. 1,100/ - per month. The tenants had also liability to pay scavenging tax. It is pleaded by the plaintiff (respondent) that the defendants failed to pay rent w.e.f. 1st July 1978, whereon the defendants were served with notice on 21.05.1979, under Sec. 106 of the Transfer of Property Act, 1882, terminating their tenancy and also demanding to pay arrears of rent. It is alleged that the tenancy stood terminated on completion of one month of the service of notice w.e.f. 20th June 1979. However, the defendants failed to vacate the premises and to pay the arrears demanded. Hence, this suit was filed before the Judge Small Causes Court, Nainital.
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