- (1.)HEARD Shri V. K. Bisht, Senior Advocate assisted by Shri Virendra Kaparwan, Counsel for the applicant and Shri Ramji Srivastava, Counsel for the respondent.
(2.)BY the present civil revision filed under section 25 of Small Cause Courts Act, the applicant has prayed for setting aside the judgment and order dated 12. 9. 2007 passed by the Judge, Small Cause Courts, Tehri Garhwal in O. S. No. 1 of 2000.
(3.)BRIEFLY stated, a suit was filed by the plaintiff praying for the eviction of the defendant on the ground that the defendant is a tenant @ Rs. 300/-per month of the property consisting of one room situate at village Tapovan (Laxman Jhula), District Tehri Garhwal. Later on the plaintiff felt need of the said shop. The defendant promised to vacate the same by 25. 9. 1999 but he failed to do so. The shop was let out for business purposes but the defendant used the same for residential purposes. The defendant is also having other shops on rent. It has been alleged that the use of the tenanted room is against the terms of tenancy. The plaintiff sent a notice demanding arrears of rent and other charges and terminated the tenancy of the defendant by way of the notice dated 31. 1. 2000, which was served on the defendant on 2. 2. 2000, but the defendant has neither vacated the shop nor paid the arrears of rent. Hence, the present suit has been filed for eviction as well as realization of rent, etc. from the defendant.