SANDEEP KUMAR AND ORS. Vs. VIMAL SETHI AND ORS.
HIGH COURT OF UTTARAKHAND
Sandeep Kumar And Ors.
Vimal Sethi And Ors.
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Prafulla C. Pant, J. -
(1.) This revision, preferred under section 25 of Provincial Small Cause Courts Act, 1887, is directed against the judgment and decree dated 04.10.2008, passed by Judge, Small Cause Court/ I Fast Track Court, Nainial, in SCC Suit No. 21 of 2005, whereby said court has decreed the suit for eviction of the defendants (revisionists), and also for recovery of arrears of rent and mesne profits.2
(2.) Heard learned counsel for the parties, and perused the record.
(3.) Brief facts of the case are that defendants were inducted as tenants in the shop (property No. 17/191) situated in Railway Bazar, Haldwani, in the year 1996 by the then landlady Jaijaiwanti Devi on rent INR 1,000/- per month for which a rent note was executed. The present plaintiffs (respondents) purchased the property no. 17/191 of Railway Bazar, Haldwani, vide sale deed dated 23.11.2004. Before said transaction, the rent was already increased by the then landlady to INR 2,200/-per month. The plaintiffs instituted the suit in the year 2009, stating that the defendants (tenants) committed default in payment of rent since 01.03.2005, and terminated the tenancy by getting served notice under section 106 of Transfer of Property Act, 1882, and the suit was filed for eviction of defendants and recovery of rent and mesne profits.;
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