JAGDISH KUMAR Vs. SMT. VIMMI BATRA

JUDGEMENT

(1.) By means of this writ petition, the petitioner has sought a writ in the nature of certiorari quashing the impugned judgment and order dated 23.11.2012, passed by Judge, S.C.C., Civil Judge, Senior Division, Kotdwar, Garhwal, in Small Cause Suit No. 13 of 2007, Smt. Vimmi Batra Vs. Jagdish Kumar, as well as judgment and order dated 25.07.2013, passed by District Judge, Pauri Garhwal in Small Cause Revision No. 12 of 2012, Jagdish Kumar Vs. Smt. Vimmi Batra.

(2.) Briefly stated the facts giving rise to this writ petition are that respondent/plaintiff filed a suit against the petitioners for recovery of arrears of rent/mesne profits and ejectment, which was registered as S.C.C. suit No. 13 of 2007, of tenanted accommodation consisting of one room, a toilet and vacant space, which is part of house No. 163, Ward No. 3, Kotdwar, District Pauri Garhwal.

(3.) It was alleged in the plaint that the tenanted accommodation has been purchased by the plaintiff-Smt.Omwati Devi, W/o Shri Jagdish Prasad, vide sale deed dated 04.12.2000. It was further alleged that defendant/petitioner is a tenant in the said property from long time at the rate of INR 350.00 per month and in addition to the rent, water tax and electricity charges is payable by the defendant/petitioner and defendant/petitioner has defaulted in payment of rent since 01.06.1992 and has not paid the water tax. In the sale deed, Omwati Devi (seller) has also given right of recovery of arrears of rent and water tax to the plaintiff/respondent. It is further stated in the plaint that rent was also deposited under Sec. 30 of U.P. Urban Buildings (Regulations of Letting, Rent and Eviction) Act, 1972.