LAWS(UTN)-2004-8-52

RAHUL SHARMA Vs. DHANESH GUPTA

Decided On August 07, 2004
RAHUL SHARMA Appellant
V/S
Dhanesh Gupta Respondents

JUDGEMENT

(1.) HEARD Sri Sharad Sharma, learned Counsel for the revisionist and Standing Counsel for the respondent.

(2.) BY the present revision, the revisionist has prayed for setting aside the order dated 22.11.2002 passed by Mr. Ramesh Chandra Maulakhi, Judges Small Cause Courts/A.D.J./Second Fast Track Court District Dehradun.

(3.) ACCORDING to the case of the plaintiff, an agreement was executed on 7.11.1997, between the plaintiff and the defendant by virtue of the said agreement the premises was let out to the defendant for a period of 11 months w.e.f. 7.11.1997 on a monthly rent of Rs. 3,400/ -. Paragraph No. 2 and 3 of the plaint are quoted below: - 'That vide agreement dated 7.11.1997 between the plaintiff and the defendant, the said premises was let out to the defendant for a period of 11 months w.e.f. 7.11.1997. The monthly rent, so fixed was Rs. 3,400/ - payable in advance. That as per Clause 4 of the said agreement, in case the plaintiff wanted to get the said premises vacated, he was required to send a notice in writing in advance to the defendant.'