B.K. CHATTERJEE Vs. SURESH CHANDRA PANT

JUDGEMENT

(1.) THIS revision, preferred under Section 25 of the Provincial Small Causes Courts Act, 1887, is directed against the judgment and decree dated 31-08-2005, passed by learned Judge Small Cause Court/Additional District Judge/VII F.T.C., Dehradun, in S.C.C. suit No. 7 of 2000, whereby it was decreed for a sum of Rs. 98,750/-.

(2.) BRIEF facts of the case are that the plaintiff/respondent is owner of house No. 73, Pant Villa, Vasant Vihar, Dehradun, wherein defendant/revisionist was tenant on rent at the rate of Rs. 1500/- per month. According to the plaintiff, the defendant committed default in payment of rent from 01-10-1998. It is also admitted between the parties that separate application under Section 21 of U.P. Urban Buildings (Regulation of Letting, Rent and Eviction) Act, 1972 in P.A. case No. 106 of 1998, pending before the Prescribed Authority, was allowed by said authority on 10-10-2000. An appeal No. 12 of 2000, arising out of the said case was also dismissed and finally writ petition No. 332 of 2001, was moved by the tenant, which was also dismissed on 04-09-2001. However, the tenant (present revisionist) was allowed to vacate the house in question by 30th April, 2002. Meanwhile, a notice dated 16th March, 2000, was served by the plaintiff/respondent, making demand for arrears of rent and terminating the tenancy through said notice and filed S.C.C. suit for eviction and arrears of rent and mesne profits against the defendant/revisionist.

(3.) I heard learned counsel for the parties and perused the record.