SECRETARY (EDUCATION) Vs. PARAMJEET SINGH

JUDGEMENT

(1.) A proceeding by way of SCC Suit No. 70 of 2011, Paramjit Singh and others Vs. Secretary (Education) Government of Uttarakhand and others, was initiated by the plaintiffs/respondents, herein, seeking an eviction and recovery of arrears of rent from the revisionists over the premises, which was being occupied by them in the capacity of being a tenant.

(2.) As per the description of the property, which was given therein in the Suit, in question, which constituted as to be as under :-

(3.) As per the plaint averments, it was contended by the plaintiffs/respondents, herein, that the provisions of Act No. 13 of 1972, was not applicable in view of the provisions contained under Sub-sec. (8) of Sec. 21 of the Act No. 13 of 1972, but since, there have been a consistent default committed by the revisionist in the remittance of the rent payable by the defendants/ revisionists, herein, at the rate of Rs.7,917.00 per month and which fell due to be paid w.e.f. 1/1/2009 till 31/8/2010, the tendency of the revisionist/ defendant was terminated by issuance of a notice under Sec. 106 of the Transfer of Property Act, on 31/12/2008, on the ground, that apart from the rent for the aforesaid period from 1/1/2009 till 31/8/2010, no taxes and other dues, which were to be levied on the tenement, in question, was remitted, and hence, the tenancy was terminated after giving sixty days notice to the defendants /revisionists.