RAKESH VERMA Vs. VIPIN VERMA
HIGH COURT OF UTTARAKHAND
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Alok Singh, J. -
(1.) PRESENT revision is preferred assailing the judgment and decree dated 19.11.2013 passed by Judge, Small Causes Court/District Judge, Rudraprayag in Suit No. 01 of 2012 filed by plaintiff/respondent, herein, and for eviction of defendant/revisionist, herein, and for recovery of arrears of rent of Rs. 30,000/ - and to pay mesne profit at he rate of Rs. 100/ - per day from the date of termination of the tenancy.
(2.) SINCE facts are not in dispute, therefore, with the consent of learned counsel for the parties, present revision petition was heard finally and is being disposed of today. Undisputedly, Mr. Kalika Prasad @ Anil Kala S/o. Ram Prasad Kala let out shop in question to the defendant/revisionist, herein, for which a lease deed was also executed between defendant/revisionist, herein, and Anil Kala on 1.7.2000. Initially, rent was fixed at the rate of Rs. 3,000/ - per month, however, it was agreed that after one year rent would be increased 10 per cent and every year there would be increase of 10 per cent rent.
(3.) PLAINTIFF /respondent, herein, preferred suit for eviction of the tenant/revisionist, herein, with the contention that plaintiff/respondent, herein, in fact, has purchased shop in question from earlier owner Kalika Prasad @ Anil Kala for which a document was written on the stamp paper of Rs. 1,000/ - on 29.8.2011. Having purchased the shop in question from the earlier owner Kalika Prasad @ Anil Kala, plaintiff issued notice under Section 106 of Transfer of Property Act, 1882 to the tenant/defendant/revisionist, herein, terminating the tenancy on expiry of thirty days from the receipt of the notice and asking the revisionist, herein, to pay the arrears of rent amounting to Rs. 30,000/ - and to handover vacant and actual possession of the shop in dispute to the plaintiff after expiry of thirty days from the date of receipt of notice.;
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