DR. B.M. SONI Vs. ASHOK AGARWAL

JUDGEMENT

(1.) HEARD Sri v. K. Kohli, Sr. Advocate, assisted by Sri I.P. Kohli, counsel for the revisionist and Sri Arvind Vashisth, 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 order dated 15th February, 2005 passed by the Addl. District Judge/FTC -V, Dehradun by which he has directed for the eviction of the Defendant from the premises No. 473 consisting of shops No. 7, 8 and 9 as well as for recovery of arrears of rent and for mesne profit to the extent of Rs. 500 per day.

(3.) ACCORDING to the case of the Plaintiff -respondent, rent has been paid till September, 2002 to the extent of Rs. 5,632.62 and after the said adjustment, the rent was in arrears for the last about one and half years. The Defendant has paid the rent for the said shops to the extent of Rs. 2,537.50 per month. The rent has been paid up to 31 -03 -2001 vide Cheque No. 753370 dated 28 -03 -2001 for a sum of Rs, 13,837/ - drawn on Punjab National Bank, Gate Road, Rishikesh, Dehradun, thereafter the Defendant has paid a sum of Rs. 20,400/ - on 18th December, 2001 and a sum of Rs. 5,000/ - on 8th May, 2002 and the rent has been adjusted until September, 2002 at the rate of Rs. 2,537.50 per month for the three shops. However, according to the Plaintiff, he has sent a notice on 2nd September, 2002 to the Defendant for the recovery of the arrears of rent and the notice was duly served on 3rd September, 2002, but neither the rent has been paid nor the premises has been vacated. The Plaintiff -respondent has claimed the following amount from the Defendant: