SUNDAR SINGH Vs. DAULAT SINGH

JUDGEMENT

(1.) HEARD Sri Arvind Vashisth, Advocate assisted by Sri Hari Mohan Bhatia, counsel for the revisionist and Sri Sharad Sharma, counsel for the Respondent No. 1.

(2.) BY the present civil revision filed under Section 25 of the Provincial Small Cause Courts Act, revisionist has prayed for setting aside the judgment and decree dated 8 -8 -2007 passed by Additional District Judge/ F.T.C. I Dehradun in S.C.C. Case No. 6 of 2002 Sundar Singh v. Daulat Singh deciding the Issue No. 5 in favour of the Defendant / Respondent and the plaint was directed to be returned to the revisionist.

(3.) ACCORDING to the plaint averments, the Plaintiff -revisionist is the owner of the property mentioned above and the Respondents -Defendants are tenant at the rate of Rs. 500/ - per month. It has been stated in the plaint that the property in question does not come under the purview of U.P. Act No. XIII of 1972. The tenancy started in the month of December, 1997 and the rent of only one month was paid to the revisionist -Plaintiff in the month of December, 1997 and thereafter, not a single penny in respect of rent was paid to the Plaintiff -revisionist by the Defendants -Respondents. The Plaintiff -revisionist sent an intimation to the Defendant -Respondent No. 1 on 31 -12 -1999 demanding a sum of Rs. 12,000/ - for the rent of twenty four months and for eviction through their Advocate V.S. Dobhal, but he did not pay any heed to it.