ADARSH KUMAR MOHOTRA Vs. SUMAN GUMBOR AND OTHERS

JUDGEMENT

(1.) Heard Sri Tanveer Alam Khan, counsel for the revisionist and Sri Alok Singh, Sr. Advocate, assisted by Sri D. Barthwal, counsel for the respondents.

(2.) By the present revision filed under Sec. 25 of the Provincial Small Cause Courts Act, 1887, the revisionist has prayed for setting aside the decree and judgment dated 28.10.2004 passed by Addl. District Judge/Fast Track Court Vllth Dehradun in Small Cause Case No. 26 of 2001 by which a decree of eviction and arrears of rent has been passed treating the applicant to be a tenant at the rate of Rs. 2500 per month.

(3.) Briefly stated, the suit was filed by the plaintiff-predecessor of the respondents being Suit No. 26 of 2001 praying for the eviction of the defendant on the ground that she is the owner/landlady of the property in dispute and the defendant is a tenant at the rate of Rs. 3,400.00 per month and the premises was let out in the year, 1998 and the rent was increased to 3,470/- per month. It was also stated that both the parties have reduced the terms and conditions in writing and the defendant also signed the said memorandum, a copy of the said memorandum was given to the defendant and it was agreed that the defendant shall vacate the building after expiry of the period as agreed between the parties. In paragraph 3 of the plaint, it has been stated that U.P. Act No. 13 of 1972 is not applicable to the building in dispute as the rent is more than 2,000.00 per month. Accordingly a registered notice dated 21.08.2001 was sent to the defendant, which was duly served on the defendant on 22.08.2001, but the defendant neither paid the rent nor vacated the premises.