LAWS(UTN)-2013-12-37

RAKESH VERMA Vs. VIPIN VERMA

Decided On December 18, 2013
RAKESH VERMA Appellant
V/S
Vipin Verma Respondents

JUDGEMENT

(1.) PRESENT revision is preferred assailing the judgment and decree dated 19.11.2013 passed by Judge, Small Causes Court/District Judge, Rudraprayag in Suit No. 01 of 2012 filed by plaintiff/respondent, herein, and for eviction of defendant/revisionist, herein, and for recovery of arrears of rent of Rs. 30,000/ - and to pay mesne profit at he rate of Rs. 100/ - per day from the date of termination of the tenancy.

(2.) SINCE facts are not in dispute, therefore, with the consent of learned counsel for the parties, present revision petition was heard finally and is being disposed of today.

(3.) PLAINTIFF /respondent, herein, preferred suit for eviction of the tenant/revisionist, herein, with the contention that plaintiff/respondent, herein, in fact, has purchased shop in question from earlier owner Kalika Prasad @ Anil Kala for which a document was written on the stamp paper of Rs. 1,000/ - on 29.8.2011. Having purchased the shop in question from the earlier owner Kalika Prasad @ Anil Kala, plaintiff issued notice under Section 106 of Transfer of Property Act, 1882 to the tenant/defendant/revisionist, herein, terminating the tenancy on expiry of thirty days from the receipt of the notice and asking the revisionist, herein, to pay the arrears of rent amounting to Rs. 30,000/ - and to handover vacant and actual possession of the shop in dispute to the plaintiff after expiry of thirty days from the date of receipt of notice.