JITENDRA KUMAR GAUTAM Vs. VED PRAKASH SAHNI
LAWS(UTN)-2007-3-38
HIGH COURT OF UTTARAKHAND
Decided on March 02,2007

Jitendra Kumar Gautam Appellant
VERSUS
Ved Prakash Sahni Respondents


Referred Judgements :-

ATMA RAM PROPERTIES (P) LTD. V. FEDERAL MOTORS (P) LTD [REFERRED TO]
SHYAM CHARAN VS. SHEOJI BHAI [REFERRED TO]
MARSHALL SONS AND COMPANY I LIMITED VS. SAHI ORETRANS PRIVATE LIMITED [REFERRED TO]
MAHENDRA PAL AGARWAL DEAD VS. PRESCRIBED AUTHORITY CIVIL JUDGE [REFERRED TO]
VITHALBHAI PVT LTD VS. UNION OF INDIA [REFERRED TO]


JUDGEMENT

RAJESH TANDON, J. - (1.)HEARD Sri Nirdesh Kumar Khandelwal, counsel for the applicant and Sri Alok Singh, Sr. Advocate, assisted by Sri Dharmendra Barthwal, counsel for the respondent.
(2.)BY the present revision filed under Section 25 of the Provincial Small Cause Courts Act, 1887, the revisionist has prayed for setting aside the order dated 12th October, 2006 passed by the Addl. District Judge/FTC -V, Dehradun.
(3.)BRIEFLY stated, the plaintiff/respondent no. 1 filed a suit in respect of the premises No. 420, Indira Nagar, Colony, Dehradun of which the defendant is the tenant at the rate of Rs. 3400 per month, which was payable on 7th of every month. Apart from the rent, the defendant is also liable to pay the charges with regard to the electricity consumption.
The plaintiff has stated in his plaint that from 1st August, 2004, the defendant has not paid any rent and further from 1st June, 2004, the defendant has not paid the charged with regard to the electricity consumption. In paragraph 4 of the plaint, the plaintiff has specifically stated that the premises in dispute is not covered under the purview of U.P. Act No. 13 of 1972. A notice was sent to the defendant by registered post on 11th October, 2004 which was received on 14th October, 2004 and as such the tenancy stands terminated on 14th November, 2004 but the defendant has neither paid the rent nor vacated the premises and hence, the plaintiff has filed the suit claiming the rent from 1st August, 2004 to 1st November, 2004.

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