NATHU S/O KANAYHA Vs. IIIRD F.T.C./A.D.J/JUDGE SMALL CAUSE COURT, HARIDWAR AND ANOTHER
HIGH COURT OF UTTARAKHAND
NATHU S/O KANAYHA
IIIRD F.T.C./A.D.J/JUDGE SMALL CAUSE COURT, HARIDWAR AND ANOTHER
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Rajesh Tandon, J. -
(1.)Heard Shri Manish Arora, Counsel for the applicant and Shri N.S. Negi, Counsel for the respondents.
(2.)By the present revision under Sec. 25 of the Provincial Small Cause Court Act, the applicant has prayed for setting aside the judgment and order dated 6.7.2004 passed by the Judge, Small Cause Court/Additional District Judge-lll/F.T.C., Haridwar.
(3.)Briefly stated, the plaintiff respondent has filed a suit before the Judge, Small Cause Court being suit No. 7 of 1999 claiming that he is the landlord of the premises of which the defendant is a tenant @ Rs. 75.00 per month along with the taxes to the extent of 12.5%. The grandmother-in-law of plaintiff, namely, Smt. Ram Piyari died on 18.12.1996 and she has executed a will in favour of plaintiff 18.12.1991 and the defendant is continuing as a tenant. Plaintiff has submitted that from 1.8.1996, the rent is due and inspite of the notice sent to the defendant neither the rent was paid nor the premises was vacated and ultimately a notice was sent on 22.3.1999 which was duly served upon the defendant but he has not vacated the premises and, as such, rent of Rs. 2475.00 towards rent from 1.8.1996 to 30.4.1999 and taxes to the extent of Rs. 433.00, total Rs. 2908/- has become due and from the termination of the tenancy from 30.4.1999, the plaintiff is entitled for the rent as claimed in Paragraph 6 of the claim which is quoted below:-
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