RAM NIWAS AGARWAL S/O LATE TIRKHARAM AGRAWAL Vs. SUNEEL KUMAR, S/O LATE TULA RAM; SUNEETA W/O SUNEEL KUMAR AND ORS
LAWS(UTN)-2013-8-83
HIGH COURT OF UTTARAKHAND
Decided on August 06,2013

Ram Niwas Agarwal S/O Late Tirkharam Agrawal Appellant
VERSUS
Suneel Kumar, S/O Late Tula Ram; Suneeta W/O Suneel Kumar And Ors Respondents

JUDGEMENT

- (1.) This revision, preferred under section 25 of Provincial Small Cause Courts Act, 1887, is directed against judgment and decree dated 10.06.2009 passed by Judge, Small Causes Court/Ist Fast Track Court, Nainital in S.C.C. Case No.12 of 2003, whereby the said court has decreed the suit for ejectment of defendants and further decreed the suit for recovery of arrears of rent and mesne profits@Rs. 500/- per month.
(2.) Heard learned counsel forthe parties and perused the record.
(3.) Brief facts of the case are that plaintiffs instituted a suit for ejectment and recovery of arrears of rent against defendant/Ram Niwas on the ground that defendant was tenant on the rent@Rs. 500/- per month in the shop situated in Thenga Line, Ramnagar (District Nainital) and failed to pay rent, watertax and scavenge Tax from 01.12.1997 to 28.02.2003. It is further pleaded that the defendant was served with notice, and tenancy of the defendant was terminated under section 106 of Transfer of Property Act, 1882. Alleging that after termination of tenancy, the occupation of the defendant is unauthorized, the suit was filed for ejectment of defendant and recovery of arrears of rent and mesne profits.;


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