JOGENDRA ARORA Vs. ANAND SINGH MAHARA

JUDGEMENT

(1.) The present Revision under Sec. 25 of the Provincial Small Cause Courts Act, 1887 has been filed challenging the judgment and decree dtd. 28/9/2016, passed by learned Judge, Small Cause Court/ District Judge, Pithoragarh in SCC Suit No.01 of 2015, by which, the learned Judge while decreeing the suit has directed the revisionist-defendant to vacate the tenanted property-in-question and handover the peaceful possession of the said property to the plaintiff within a period of three months from the date of the judgment. The defendant has been further directed to pay damages at the rate of Rs.3,000.00 per month from 9/5/2015 till the actual delivery of possession of the property.

(2.) The case of the respondent -plaintiff is that he is the owner and landlord of the shop and godown of Building No. 586, situated at Purana Bazar, District Pithoragarh. The defendant was the tenant of the plaintiff in the suit property at the rate of Rs.3,000.00per month. In spite of repeated demands, rent was not paid by the defendant since 1/10/2014 to 31/3/2015. A notice dtd. 2/3/2015 was sent to the defendant demanding arrears of rent and to vacate the suit property. The defendant did not reply. Since 1/10/2014 to 31/3/2015 arrears of rent were not paid by the defendant, a notice dtd. 1/4/2015 was sent to the defendant demanding arrears of rent and possession of the suit property. The notice was received by the defendant. The defendant replied through his Advocate on 10/4/2015, in which, it was stated that the defendant has paid arrears of rent to the plaintiff in his account, opened in the State Bank of India. Since the possession of the suit property was not handed over to the plaintiff and outstanding amounts were not paid, the said suit was filed.

(3.) The revisionist-defendant filed his written statement before the trial court. He has stated in his written statement that the property in-question was running on rent for last 60 years and rent was enhanced time and again and at present, he is paying Rs.3,000.00 per month as rent. He paid rent by cash or by cheque or deposited in the bank. He sent rent through registered letters for the month of April to July, 2013, for the month of August, September, October and November, 2013, for the month of December, 2013 and for the month of January, February, March, April, May, June, and July to September, 2014. The rent was received by the plaintiff through cheques, sent by the registered letters. The plaintiff refused to receive rent after the month of October, 2014, therefore, rent was deposited in the State Bank of India. A suit was filed by the plaintiff, which was numbered as R.C.C. Case No. 2 of 2013, 'Anand Singh Mahara vs. Jogendra Arora'. The said case was dismissed on 26/8/2014. Therefore, the plaintiff is not entitled to file the present Suit against the defendant.