RAJENDRA NATH KAPUT Vs. SURESH CHANDRA SHARMA

JUDGEMENT

(1.) HEARD Shri B.D. Pandey, counsel for the Appellant and Shri Servesh Agrawal, counsel for the Respondent.

(2.) BY the present revision filed under Section 25 of the Provincial Small Causes Courts Act, the applicant has prayed for setting aside the order dated 21.7.1990 passed by the Judge, Small Causes Court, Nainital in S.C.C. suit No. 24 of 1984.

(3.) THE Defendant has filed a written statement stating therein that he has not demolished any wall and has not constructed new gate. The gate is still in its previous condition. The Defendant has constructed a duct in the empty shop which was essential for his business. The Defendant has sent the rent of the shop to the Plaintiff by way of money order which was denied to be accepted by the Plaintiff. The Defendant has deposited the rent of the shop in question under Section 20(4) of the U.P Act No. 13 of 1972. The suit of the Plaintiff is liable to be dismissed.