RAKESH VERMA Vs. ANIL KALA

JUDGEMENT

(1.) The revision before this Court was preferred by the revisionist under Section 25 of the Provincial Small Causes Courts Act. A challenge has been given to the judgment of 30.10.2017, as has been rendered by the court of learned J.S.C.C./District Judge, Rudraprayag in S.C.C. Suit No.01 of 2015, Anil Kala vs. Rakesh Verma by virtue of which the suit of the respondent/landlord for rent and eviction was decreed and as a consequence thereto, the petitioner/tenant was directed to vacate the disputed tenement shop.

(2.) The brief facts, which engaged consideration in the present S.C.C. Revision, were that the plaintiff has leased out the disputed shop to the defendant by virtue of lease deed of 01.07.2000 executed in his favour carrying a monthly rent of Rs.3,000/- per month. It was further agreed between the parties that the said rent would be subject to a condition of 10% enhancement for each year and ultimately at the time when the suit in question was instituted, the tenement in question was carrying a rent of Rs.5,000/- per month.

(3.) The suit, thus instituted was on the ground that the revisionist/tenant, since had violated the terms of the lease, hence his tenancy was terminated by the landlord/respondent by virtue of legal notice issued on 15.01.2015, which was admittedly served upon him, calling upon him to pay the arrears of rent of Rs.1,80,000/- and also to hand over the vacant possession of the shop in question. The tenancy was expressed to be terminated.