BACHHI RAM DIMARI (SINCE DECEASED) S/O LATE SRI NAND RAM DIMARI (SUBSTITUTED BY LEGAL HEIRS VINOD PRASAD DIMARI, RAMESH CHANDRA DIMARI, DIPAK PRASAD DIMARI AND CHANDRA BALLABH DIMARI) Vs. KSHETRIYA SHRI GANDHI ASHRAM HEAD OFFICE

JUDGEMENT

(1.) HEARD Sri C.D. Bahnguna, counsel for the revisionists and Sri L.K. Tiwari, counsel for the opposite party.

(2.) BY the present civil revision filed under Section 25 of the Provincial Small Cause Courts Act, revisionists have prayed for setting aside the judgment and decree dated 20.01.2005 passed by the Judge Small Cause Court/Additional District Judge, Dehradun in Small Causes Suit No. 4 of 2002 Shri Bachhi Ram Dimari v. Kshetriya Shri Gandhi Ashram, whereby the suit of the plaintiff -revisionists has been dismissed.

(3.) ACCORDING to the plaint averments, Bachhi Ram is the owner of House No. 100 Badri Narayan Niketan situate at Mayakund, Rishikesh, District Dehradun, which consists of two rooms, Kitchen, and Gaushala on the ground floor and two rooms, two kitchens on the first floor, which had been taken by the opposite party for residential use of the workers of the Gandhi Ashram in the month of March, 1982. Initially, the rate of rent was Rs. 500/ - per month apart from Water Tax, House Tax and Sewer Tax with the condition that the same will increase 25% after a gap of every three years. It was increased upto Rs. 800/ - per month from the month of April, 1992 and after three years from the month of April, 1995, the same was increased to Rs. 1000.00 per month and from the year, 1998, the same was enhanced to Rs. 1250 per month. Since the month of April, 1998, the opposite party was liable to pay rent @ Rs. 1250/ - per month as per the terms and conditions. The plaintiff made several reminders to the opposite party and the intimation was sent by letter dated 9th August, 1998 that in pursuance of the order of the Regional Office dated 20.7.1998, the opposite party has to pay rent to the extent of Rs. 1200/ - per month from August, 1998. Plaintiff has sent a letter on 11.8.1998 requesting that the rent has to be increased 25 per cent after a gap of every three years and therefore, the opposite party was liable to pay rent at the rate of Rs. 1250/ - per month from April, 1998. This letter was not replied by the opposite party. Thereafter, vide letter dated 19.1.2001 the opposite party has again sent reminder. On 5.3.2002, the plaintiff has sent a notice terminating the tenancy and for handing over the possession of the tenanted portion. However, the same was neither vacated, nor the arrears of rent along with taxes was paid. It has been stated by the plaintiff that provisions of U.P. Act No. 13 of 1972 are not applicable to the building in question.