SABEY KHANAM Vs. CHANCHAL VERMA AND OTHERS

JUDGEMENT

(1.) Heard Shri B.D. Upadhyaya, Counsel for the revisionist and Shri M.C. Kandpal, Counsel for the respondents.

(2.) By the present civil revision, filed under Sec. 25 of the Provincial Small Cause Courts Act, the revisionist has prayed for setting aside the judgment and decree dated 3.12.2003 passed by the Addl. District Judge/Judge Small Cause Court whereby the suit filed by the plaintiff has been dismissed.

(3.) Briefly stated, the plaintiff has filed a suit prying for the eviction of the defendant from the third and fourth floor of the building known as Commercial Building situate at Mallital, Nainital and has stated inter alia that the defendant (since deceased) is a tenant @ Rs. 91.67 per month of one part of the aforestated building (hereinafter referred as 'disputed building) consisting of three rooms, kitchen, toilet and bathroom. The defendant is also liable to pay water tax to the extent of 12%, sanitary tax to the extent of 12% and sewerage tax to the extent of 3%. The defendant has sublet one portion of the disputed building out of his tenancy to one Subhash Kumar. The plaintiff has sent a notice terminating the tenancy of the defendant by registered notice dated 19.12.1995 which was duly served upon the defendant on 22.12.1995. The defendant is in illegal and unauthorised possession of the disputed building from 21.1.1996 and is liable to pay the damages to the extent of Rs. 100.00 per day. In Paragraph 7 of the plaint, the plaintiff has submitted to the following effect:-