SUBHASH NEGI Vs. RAJESHWARI DEVI

JUDGEMENT

(1.) The revisionist before this Court in this SCC Revision No. 5 of 2020, is a defendant in SCC Suit No. 6 of 2015, Smt. Rajeshwari Devi Vs. Subhash Negi.

(2.) The commencement of the proceedings of the SCC Suit, at the behest of the plaintiff/respondent, was as a consequence of the issuance of the notice under Section 106 of the Transfer of Property Act, which was issued by the plaintiff/respondent to the defendant/revisionist on 8th December, 2014, directing the defendant/revisionist to vacate the premises, i.e. the disputed shop, in question, over which, admittedly, as per the pleadings raised in the plaint, the tenancy in favour of the defendant/revisionist was created in 1991. Admittedly, there existed relationship of landlord and tenant.

(3.) The plaintiff/respondent, on the basis of the fact, that when despite of the expiry of time period provided in the notice, the tenement was not vacated, he had instituted the Suit for grant of decree of eviction on 15th May, 2015. On this Suit, the notices were issued to the defendant/revisionist, herein, and in reply to it, he has filed his written statement being, paper No. 15Ga, where primarily his contention to challenge the notice, as well as the proceedings itself, was drawn on its basis, was on the premise that the provisions of the Act No. 13 of 1972, would be applicable, and hence, the argument of revisionist was that the proceedings under Section 15 of the Provincial Small Causes Court Act, would not apply; was primarily based on the argument extended, to the extent that :-