MANOJ KUMAR Vs. SRI PARMANAND

JUDGEMENT

(1.) - Heard Shri J. C. Belwal, counsel for the revisionist and Shri A. V. Pundhir, counsel for the respondent.

(2.) By the present revision, the applicant has prayed for setting aside the judgment and decree dated 19.10.2007 by passed by the Judge Small Cause Court, Rudrapur, Udham Singh Nagar in S.C.C. suit No. 4 of 2004 by which the suit of the plaintiff praying for arrears of rent, damages and eviction of the defendant from the building in dispute has been decreed.

(3.) Briefly stated, a suit was filed by the plaintiff being S.C.C. suit No. 4 of 2004 stating therein that the plaintiff is the owner and landlord of the shop measuring 10x8 feet situate at Rampura Sitargunj, District Udham Singh Nagar, the boundaries of which have been given in paragraph 1 of the plaint and the defendant is the tenant of the said shop on a sum of Rs. 1,000.00 per month excluding tax, electricity charges, etc. The rent deed between the plaintiff and the defendant was executed on 15.2.2000. The defendant has not paid the rent of the shop in dispute, tax, electricity charges since March, 2003 inspite of repeated demands. The plaintiff has served a notice dated 31.8.2004 demanding the payment of rent as well as eviction of the defendant from the shop in dispute. But inspite of the said notice the defendant has neither vacated the shop nor paid the1 rent. Thus, the tenancy of the defendant has been terminated from 3.10.2004 and the defendant has become illegal occupant of the shop from 4.10.2004 Hence, the plaintiff has filed the suit for eviction of the defendant as well as arrears of rent to the extent of Rs. 29,332.50 and the damages at the rate of Rs. 40.00 per day till the pendency of the suit.