VIDHYAVRAT SHARMA Vs. K.P. SINGH
HIGH COURT OF UTTARAKHAND (AT: NAINITAL)
Dr. K.P. Singh
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(1.) This revision, preferred under Section 25 of Provincial Small Causes Courts Act, 1887, is directed against judgment and decree dated 20th of April, 2011, passed by Judge, Small Cause Court/Additional District Judge, Rishikesh, in S.C.C. Suit No. 2 of 2010, whereby said court has dismissed the plaintiff's suit for eviction of defendant and for recovery of arrears of rent from him.
(2.) Heard learned counsel for the revisionist, and perused the lower court record. No one turned up on behalf of the defendant at the time of final hearing as such the revision was heard exparte.
(3.) Brief facts of the case are that the plaintiff instituted a suit under Section 15 of Provincial Small Causes Court Act, 1887 (as amended by State of Uttar Pradesh)with the pleadings that the plaintiff is the landlord of the shop in question, and the defendant Dr. K.P. Singh was his tenant, initially on rent @ Rs. 1500/- per month, which was later on increased to Rs. 2,500/- per month w.e.f. 01.09.2007. It is further pleaded in the plaint that the defendant failed to pay rent w.e.f. 01.10.2009, on which, notice was served on him by the plaintiff, under Section 106 of Transfer of Property Act, 1882, and after the defendant failed to pay the arrears of rent, his tenancy stood terminated. It is also pleaded in the plaint that provisions of the Uttar Pradesh Urban Buildings (Regulation of Letting, Rent and Eviction) Act, 1972, are not applicable to the building in suit. With the above pleas the plaintiff sought eviction of the defendant and recovery of arrears of rent.;
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