SHARAT SOOD Vs. UMESH KUMAR

JUDGEMENT

(1.) HEARD learned Counsel for the parties and perused the record. Present writ petition has been filed by the petitioner seeking direction to the Presiding Officer of the Court of Addl. District Judge/F.T.C.-IV, Dehradun to decide the S.C.C. Case No. 2 of 2005, Sharat Sood v. Umesh Kumar, expeditiously preferably within two months.

(2.) LEARNED Counsel for the petitioner submits that petitioner is owner of the property in question bearing Municipal No. 187/1, Rajpur Road, Dehradun and the ground floor of the said property (excluding first floor and stores) is un­der the tenancy of respondent since 20.11.2003. The respondent promised to va­cate the said property after a period of 11 months otherwise to pay damages @ 500/- per day. It is stated that provisions of U.P. Act No. 13 of 1972 are not ap­plicable to the said property. The rent agreed between the parries is Rs. 5,800/-per month. It is asserted that the respondent paid only Rs. 6,000/- through a cheque dated 30.6.2004 and thereafter he paid nothing in lieu thereof, there­fore notice was sent to the respondent but he did not respond, hence the SCC Suit No. 2 of 2005 was instituted by the petitioner on 17.1.2005 before the Court of District Judge, Dehradun for eviction of respondent as well as recovery of ar­rears of rent and mesne profit. The said SCC case was later on transferred to the Court of learned Addl. District Judge/F.T.C.-IV, Dehradun for hearing and disposal.

(3.) MR . Neeraj Garg, Advocate appearing for the respondent has stated that the proceedings of the case are not being delayed by the respondent and, in fact, on few dates the petitioner himself sought adjournments.