SHARAD KUMAR SHARMA,J. - (1.) The predecessors of the present respondent Nos. 3 to 8, late Mr. Ganesh Rathore, on 30th January, 1981, had instituted a SCC Suit by invoking Section 15, of the Provincial Small Causes Courts Act, being SSC Suit No. 9 of 1981, Ganesh Rathore Vs. Jugal Kishore, for seeking a decree of eviction of the predecessors of the present petitioner, herein, from the tenement, in question, as well as for a decree of damages, for user of property, @ Rs.310/- per month from the date of termination of tenancy, and subsequently till date of institution of Suit, which has been described as to be constituting of a room on the second floor of "Sukh Niwas Building", Malgodam Road, Haldwani, the boundary of which, has been more particularly, described as to be on the East, the house of Pyre Lal and Chedi Lal, on the West, the open Courtyard of the first floor, on the North, house of the landlord and in the South, Malgodam Road, which will be, hereinafter, be called as the tenement, in question.
(2.) As per the pleadings of the Suit, it was contended by the landlord, that the tenement, in question, at the time, when the Suit was instituted, was carrying a rent of Rs.125/- per month along with 10% of scavenging taxes apart from 12.3% of the water tax, which was payable by the tenant, to the landlord for occupancy charges of the disputed tenement.
(3.) There is no controversy inter se between the parties nor raised at any stage, that at the time when the Suit was instituted, i.e. on 30th January 1981, since the tenement, in question, was a new construction, it was exempted from the applicability of Act No. 13 of 1972, hence, the Regular SCC Suit was instituted under Section 15 of the Act.;