NAUSHAD AND ANR. Vs. UPPER DISTRICT JUDGE I/F.T.C AND ANR.
HIGH COURT OF UTTARAKHAND
Naushad And Anr.
Upper District Judge I/F.T.C
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Rajesh Tandon, J. -
(1.)HEARD Sri Khalil Ahmad, Counsel for the revisionists/applicants and Sri Alok Singh, Senior Advocate, assisted by Sri Dharmendra Barthwal, Counsel for the respondent No. 2. All the aforesaid three revisions filed under section 25 of the Provincial Small Causes Courts Act, 1887 arise out of the order dated 23.10.2004 by which a decree of eviction has been passed against the applicants along with the arrears of rent to the extent of Rs. 7,196.50 and from 27th August, 1995 upto the delivery of possession at the rate of Rs. 6.45 as mesne profits.
(2.)BRIEFLY stated, suits were filed by Mr. Abdul Gafoor/the landlord for the premises against the revisionists (being Suit No. 7 of 1995, Suit No. 9 of 1995 and Suit No. 5 of 1995) claiming himself to be the owner and landlord of the premises (Shops No. 90 (18), 90 (14) and 90 (20) situate at Civil Line, Roorkee).
It was stated by the landlord/respondent No. 2 that the defendants/revisionists are the tenants at the rate of Rs. 200/ - per month and they have not paid the rent from 1st April, 1990 to 31st May, 1995 and as such a sum of Rs. 12,400/ - has become due towards the arrears of rent.
(3.)ACCORDING to the plaintiff -respondent No. 2, he has sent notices to the defendants on 22nd June, 1995 through his Advocate Kunwar Joginder Singh, but despite service of notices on 22.6.1995, they have failed to vacate the premises. The suits were filed on 28th August, 1995 and as such the plaintiff has claimed the decree for eviction as well as the arrears of rent to the extent of Rs. 7,196.50 as well as damages at the rate of Rs. 2,400/ - along with the arrears to the extent of Rs. 7,196.50 total 9596.50 paisa.
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