KULDEEP SHARMA Vs. GANGA DEVI
HIGH COURT OF UTTARAKHAND
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(1.) Present revision is filed assailing the judgment and decree dated 11th October, 2013 passed by Judge, Small Causes Court/6th Additional District Judge, Dehradun, whereby S.C.C. Suit No. 32 of 2011 filed by landlord-respondent, herein, for eviction of tenant-revisionist, herein, was decreed and tenant was directed to pay mesne profit at the rate of Rs. 2,000/- per month from 1st July, 2011 till actual vacant physical possession is handed over to landlord.
(2.) Building in question was constructed somewhere in 1985-86 as observed by learned Trial Court, therefore, as per Section 2 (2) of the U.P. Act No. 13 of 1972, Rent Act is not applicable. Since tenancy was at Will and monthly tenancy, therefore, same was rightly terminated by issuing legal notice under Section 106 of Transfer of Property Act, 1882. Therefore, I do not find any illegality in the impugned judgment.
(3.) At this stage, Mr. Suyash Pant, learned counsel appearing for revisionist-tenant submits that atleast two years' time may be granted in favour of the tenant to vacate the premises in question and to handover the actual vacant physical possession to landlord.;
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