- (1.) RAJESH Tandon, J. Heard Sri Sarvesh Agarwal, counsel for the revisionist and Sri J. C. Belwal, coun sel for the respondent no. 1.
(2.) BY the present revision filed un der Section 115 of the Code of Civil Pro cedure, applicant has challenged the or der passed by the Judge Small Cause Courts Civil Judge (Junior Division ). Ramnagar, by which the application filed by the applicant under Order 15 Rule 5 of the Code of Civil Procedure has been rejected. Briefly stated, a suit was filed by the plaintiff/applicant praying for a de cree of eviction of the defendant from the accommodation mentioned in Schedule-A as well as for actual posses sion of the property. Further relief has been claimed with regard to the decree for recoveiy of the accrued rent and damages to the extent of Rs. 1661- and damages and pendentelite at the rate of Rs. 5/- per day. According to the plaint averments, the plaintiff is the Public Chari table Trust and the property belong to the Trust. A notice, under Section 106 of the Transfer of Property Act was sent to the defendant terminating his tenancy on 27. 05. 2003 and the notice having been served but the defendant has failed to vacate the premises inspite of the notice and is still in illegal possession.
(3.) A written statement was filed on behalf of the defendant stating therein that the plaintiff is not a Public Chari table Trust. Pargaraph 2 of the plaint is quoted below : "2. That the plaintiff trust owns a premises situated at Kosi Road, Ramnagar, District Nainital and in a porition of this premises defendant was a tenant at the rate of Rs. 95/-per month as rent. The detail descrip tion along with the boundaries of that portion is being given in the relief portion of this plaint a Schedule 'a'. " In reply to the aforesaid para graph, the defendant has admitted that he is the tenant of the premises. Relevant reply of paragraph 2 is quoted below : "2. " That para n2 of the plaint is ad mitted only to the extent that the de fendant is the tenant in the premises in suit. Rest of the para is not ad mitted and denied, full facts have been narrated in the additional pleas. ";