CHAMAN LAL Vs. RAJ KUMAR SACHDEVA

JUDGEMENT

(1.) THIS revision has been filed by the plaintiff/landlord under Section 25 of Provincial Small Cause Courts Act, 1887, challenging the judgment and decree dated 20-7-2000 passed in SCC Suit No. 04 of 1997 by Judge, Small Cause Court/District Judge Nainital, whereby the plaintiff's suit has been dismissed with costs.

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

(3.) THE defendant contested the suit and filed the written statement. In the written statement, it is admitted that the shop in question belonged to late Shri Dwaraka Dass and the defendant was inducted as tenant by him. Rest of the contents of the plaint, as pleaded were not admitted. In the additional pleas, it is pleaded by the defendant that he does not want to create any dispute, as to the ownership of the plaintiff but it is categorically pleaded that the plaintiff is alleging rate of rent to be Rs. 700/- per month only to make a ground to eject the defendant. It is further pleaded in the written statement that the actual rate of rent is Rs. 200/- per month, which he always offered to pay and made the payment. But the plaintiff did not accept the same. It is specifically pleaded that the defendant is not the defaulter in payment of rent. Apart from filing the written statement, an application 27-C was moved before the trial Court on 20-4-1998 by the defendant, seeking protection of sub-section (4) of Section 20 of U.P. Act 13 of 1972, stating that he is depositing, unconditionally, the entire rent due with interest and costs on the first date of hearing so that the decree of ejectment, as against him may not be passed. Learned Judge, Small Cause Court, recorded the evidence, adduced by the parties and heard them. It dismissed the suit for ejectment vide judgment and order dated 20-7-2000, deciding all the three points of determination in favour of the defendant. The point of determination are enumerated by the trial Court in its judgment as under :