Decided on August 17,2013

Vimal Sethi Appellant


Prafulla C. Pant, J. - (1.) THIS revision, preferred under section 25 of Provincial Small Cause Courts Act, 1887, is directed against the judgment and decree dated 04.10.2008, passed by Judge, Small Cause Court/I Fast Track Court, Nainital, in SCC Suit No. 21 of 2005, whereby said court has decided the suit for eviction of the defendants (revisionists), and also for recovery of arrears of rent and mesne profits.
(2.) HEARD learned counsel for the parties, and perused the record. Brief facts of the case are that defendants were inducted as tenants in the shop (property No. 17/191) situated in Railway Bazar, Haldwani, in the year 1996 by the then landlady Jaijaiwanti Devi on rent @ Rs. 1,000/ - per month for which a rent note was executed. The present plaintiffs (respondents) purchased the property No. 17/191 of Railway Bazar, Haldwani, vide sale deed dated 23.11.2004. Before said transaction, the rent was already increased by the then landlady to Rs. 2,200/ - per month. The plaintiffs instituted the suit in the year 2009, stating that the defendants (tenants) committed default in payment of rent since 01.03.2005, and terminated the tenancy by getting served notice under section 106 of Transfer of Property Act, 1882, and the suit was filed for eviction of defendants and recovery of rent and mesne profits.
(3.) THE defendants (present revisionists) contested the suit before the trial court and filed their written statement in which they admitted that they are the tenants of the shop in question. They further admitted that the rate of rent has already been increased to Rs. 2,200/ - per month. However, they pleaded that the rent of Rs. 2,200/ - per month included the taxes payable by the defendants as such the actual rent was less than Rs. 2,000/ - payable by the defendants. On its basis, it is pleaded in the written statement that the provision of U.P. Urban Buildings (Regulation of Letting, Rent and Eviction) Act, 1972 (for short U.P. Act 13 of 1972) are applicable to the building, and the tenancy cannot be terminated by getting served a simplicitor notice under section 106 of Transfer of Property Act, 1882.;

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