VIMAL SETHI Vs. SANDEEP KUMAR

JUDGEMENT

(1.) THIS revision, preferred under section 25 of Provincial Small Cause Courts Act, 1887, is directed against the judgment and decree dated 04.10.2008, passed by Judge, Small Cause Court/I Fast Track Court, Nainital, in SCC Suit No. 21 of 2005, whereby said court has decided the suit for eviction of the defendants (revisionists), and also for recovery of arrears of rent and mesne profits.

(2.) HEARD learned counsel for the parties, and perused the record.

(3.) THE defendants (present revisionists) contested the suit before the trial court and filed their written statement in which they admitted that they are the tenants of the shop in question. They further admitted that the rate of rent has already been increased to Rs. 2,200/ - per month. However, they pleaded that the rent of Rs. 2,200/ - per month included the taxes payable by the defendants as such the actual rent was less than Rs. 2,000/ - payable by the defendants. On its basis, it is pleaded in the written statement that the provision of U.P. Urban Buildings (Regulation of Letting, Rent and Eviction) Act, 1972 (for short U.P. Act 13 of 1972) are applicable to the building, and the tenancy cannot be terminated by getting served a simplicitor notice under section 106 of Transfer of Property Act, 1882.