DR. JAGDISH KUMAR LUNIYAL S/O JAMNADAS LUNIYAL Vs. ADDL. DISTRICT JUDGE, F.T.C. I. AND SMT. SWARN LATA W/O RAJ KUMAR

JUDGEMENT

(1.) BOTH the revisions have been filed against the judgment and decree dated 08.08.2003 passed by the Add1 District Judge/Fast Track Court -I, Haridwar in Small Cause case No. 4/95 Swarna Lata v. Jagdish Kumar by which the suit of the plaintiff has been decree along with 20% of the enhanced rent from 1 August, 1995 up to the date of delivery of possession. The landlord as well as tenant both have preferred revisions.

(2.) CIVIL Revision No. 66 of 2003 was filed by Sri Som Lata -plaintiff by which the counter claim filed by the respondents has been allowed whereas by way of revision No. 57 of 2003 Dr. Jagdish Kumar Uniyal -the defendant -tenant has sought the relief for setting aside the order dated 8th August, 2003 by which the decree for eviction has been passed.

(3.) ACCORDING to the plaintiff -Smt Swarn Lata, the premises was let out on 1 January, 1990 for a period of eleven: months and it was agreed between the parties that if the defendant -Dr. Jagdish Kumar Uniyal wants to continue hi tenancy for a period of one year, there will be an increase c 10% and thereafter there will be an increase of 20% towards the rent. The rent is due from December, 1993 at the rate of Rs. 1330.88 and from 1 January, 1994 to 30.11.1994 at the rate c Rs. 2566/ - totaling Rs. 28,226.88. Thereafter from 01.12.199, to 25.07.199 along with the enhanced rent of 20%, which come to Rs. 3079 totalling Rs. 24139.10 and water taxes amounting Rs. 5531.25 up to March, 1995 and electricity charges to the extent of Rs. 6025.