- (1.) HEARD Sri S. S. Chauhan, counsel for the appellant and Standing Counsel for the State of Uttarakhand.
(2.) BY the present Second Appeal filed under Section 100 of the Code of Civil Procedure, appellant has prayed for setting aside the judgment and de cree dated 11-3-2003 passed by the Addl. District Judge / 1st F. T. C. , Haldwani, District Nainital in Civil Ap peal No. 23 of 2001 State of Uttaranchal Vs. Sher Ram Arya. Briefly stated, a suit was filed by the plaintiff / appellant being Original Suit No. 9 of 1997 Sher Ram Arya Vs. State of Uttaranchal praying to the fol lowing effect : Hindi According to the plaintiff, he is the landlord of the premises in question and the defendants are the tenants as per agreement executed between them on 11-12-1990, which was registered on 12-12-1990 before the Sub Registrar. The construction is situate at 6800 sq. feet land. According to the plaintiff, the parties have agreed for the rent @ Rs. 21- per square feet of the covered area of 1504 square feet land i. e. Rs. 3008/ - per month for three years. The said period has commenced from 10th De cember, 1990 to 9th December, 1993. On 27th September, 1993, the plaintiff sent a notice to the defendant no. 1 for executing a new agreement from 10th December, 1993 enhancing the rent to the extent of 25%. In reply to it, the officer of the defendants sent a letter on 18-2-1994 agreeing for enhancement of the rent upto 25%. A written consent of the defendants regarding enhancement of 25% rent was got received by the plaintiff in the office of Member Vyapar Kar Adhikaran Haldwani. But, the de fendants have failed to pay the same despite various demands. A registered notice was sent to the defendants on 19-7-1995 for realization of the rent, but the defendants have failed to pay the same.
(3.) THE defendants have contested the suit by filing a written statement. THE averments contained in letters dated 14th October, 1992 and 8-2-1994 have not been denied. Averments contained in Letters dated 14th October, 1992 for enhancement of rent upto Rs. 3/- per square feet is are quoted below : Hindi In the letter dated 8-2-1994 is has been stated as under : Hindi;