VIJENDRA KUMAR GUPTA Vs. GULSHAN KUMAR

JUDGEMENT

(1.) HEARD Sri Sharad Sharma, counsel for the revisionist and Sri Dinesh Gahtori & R.R Singh, counsel for the Respondent.

(2.) BY the present civil revision filed under Section 25 of the Provincial Small Cause Courts Act, 1887 the revisionist has prayed for setting aside the judgment and decree dated 6 -2 -2004 passed by Judge Small Cause Court/Addl. District Judge/3rt F.T.C. Haridwar, whereby the suit of the Plaintiff has been decreed.

(3.) ACCORDING to the case of the Plaintiff, he is the owner of the shop, of which the Defendant is a tenant at the rate of Rs. 140/ - per month. The Defendant has not paid the rent from 1st October, 1995 to 30th July 1999 amounting to Rs. 6440/ - despite notice issued and served by the Plaintiff on 11 -8 -1999, but the Defendant has neither paid the rent nor vacated the premises as usual. The Defendant has paid the rent from 1st April, 1995 to 30th September, 1995, which was received by the Plaintiff, but thereafter, from 1st October, 1995 to 30th July, 1999, no rent was paid despite demand notice. The amount which is due against the Defendant along with taxes is Rs. 6626/ - and for damages use and occupation from 13 -9 -1999 to 30 -9 -1999 amounting to Rs. 84/ - per day and since more than four months' rent has become due, therefore, the Defendant is liable to be evicted.