DAMODAR PUNERA Vs. PRAMOD CHANDRA PANDEY AND OTHERS

JUDGEMENT

(1.) Heard Shri Manoj Tiwari, Counsel for the applicant and Shri M.C. Pandey, Counsel for the respondents.

(2.) By the present revision filed under Sec. 25 of the Provincial Small Cause Courts Act, the applicant has prayed for setting aside the judgment and decree dated 1.3.2007 passed by the District Judge/Judge, Small Cause Court, Pithoragarh.

(3.) Briefly stated, a suit was filed by the plaintiff-applicant praying for the eviction of the defendant from the shop situate at Subhash Chowk, district Pithoragarh where the defendant is a tenant @ Rs. 250.00 per month. According to the plaintiff, the defendant has not paid the rent from Oct., 1995. Accordingly, the plaintiff has sent a notice on 3.11.1997 demanding the rent from Oct., 1995 but of no' avail and another notice was sent on 21.11.1998 demanding the rent from Oct., 1995 to Nov., 1998 @ 250.00 per month i.e. Rs. 9,500.00 but the defendant neither has vacated the premises nor has paid the rent. Hence, a suit for eviction of the defendant was filed on the ground that the tenancy has already been terminated and the defendant has illegally continuing as tenant from 3rd Dec., 1998.