SUDHA RANI Vs. SHANTI DEVI @ SASHI

JUDGEMENT

(1.) PRESENT petition is filed assailing the order dated 12.04.2001, passed by the J.S.C.C. / Munsif Haridwar as well as order dated 12.09.2007 passed by the Additional District Judge, 1st F.T.C. Haridwar whereby suit for recovery of rent and recovery of possession after evicting the tenant from the disputed property was dismissed and revision arising therefrom was also dismissed by the Revisional Court.

(2.) LANDLORD / plaintiff / petitioner herein preferred J.S.C.C. suit No. 21 of 1993 against the tenant/defendant/respondent herein stating therein that original defendant/tenant was occupying tenanted premises @ Rs. 18.75 p.m. Tenant was also liable to pay water tax and 25% of enhanced house tax as per Section 7 of Act No. 13 of 1972. Tenant did not pay entire rent alongwith tax w.e.f. 28.09.1991 to 27.09.1993, therefore, notice was got issued through the Advocate to the tenant /defendant dated 29.09.1993 requesting the tenant to make payment of the arrears of rent alongwith tax within 30 days from the date of receipt of the notice and to hand over vacant peaceful possession of the property in question after the expiry of 30 days from the date of receipt of notice in view of the fact that tenancy of the defendant would stand terminated on expiry of 30 days after service of notice. In the notice, it was also stated that tenant/defendant has another residential property within the same municipal area, therefore, tenancy of the tenant was being terminated.

(3.) I have heard Mr. Lok Pal Singh, learned counsel for the petitioner and Mr. Lalit Miglani, learned counsel for the respondent and have carefully perused the record.