SEVAK RAM S/O RAM DAYAL Vs. CHANCHAL GUPTA W/O LAV KUMAR GUPTA
LAWS(UTN)-2013-5-131
HIGH COURT OF UTTARAKHAND
Decided on May 13,2013

Sevak Ram S/O Ram Dayal Appellant
VERSUS
Chanchal Gupta W/O Lav Kumar Gupta Respondents

JUDGEMENT

- (1.) This revision, preferred under section 25 of Provincial Small Cause Courts Act, 1887, is directed against the judgment and decree dated 17.12.2011, passed by Judge, Small Cause Court/Additional District Judge/IInd Fast Track Court, Hardwar, in SCC Suit No. 03 of 2003 whereby said court has decreed the suit for eviction of the tenant (present revisionist) from the shop in question, and further decreed the suit on realization of the arrears of the rent and mesne profits at the rate of Rs. 150/- per month from the period 01.01.2000 to 31.03.2003.
(2.) Heard learned counsel for the parties, and perused the record.
(3.) Brief facts of the case are that the plaintiff is owner and landlord of the shop in question situated in Kankhal, District Hardwar. It is alleged by the plaintiff that the defendant (present revisionist) was tenant on rent at the rate of Rs. 500 per month. Initially the shop in question was roofed by tins, but in the year 1997 a pucca shop was constructed by putting lintel over the shop, after getting the map sanctioned from Hardwar Development Authority. As such, the provisions of U.P. Act No. 13 of 1972 [ Uttar Pradesh Urban Buildings ( Regulation of Letting, Rent and Eviction ) Rules, 1972,] are not applicable to the present shop in question. It is further alleged that the defendant failed to pay rent with effect from 01.01.2000 to 31.03.2003 amounting total Rs. 19,500/- on which the plaintiff got served notices under section 106 of Transfer of Property Act, 1882, on the defendant and got his tenancy terminated. And the suit was filed for eviction and arrears of the rent.;


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