AMRIT LAL Vs. BANKE LAL AND OTHERS

JUDGEMENT

(1.) Heard Shri Ram Ji Srivastava, Counsel for the revisionist and Shri B.K. Gupta, Counsel for the respondents.

(2.) By the present civil revision filed under Sec. 25 of the Provincial Small Causes Court Act, the revisionist has prayed for setting aside the judgment and order dated 26.9.2003 passed by the Additional District Judge/Judge, Small Causes Court, Haldwani, District Nainital.

(3.) Briefly stated, a suit was filed by the plaintiff stating therein that the plaintiff Bank Lal is the owner of the House No. 27/57, present No. is 10/80/2 (for short, 'the premises in dispute'). There are three rooms on the ground floor, two rooms on the first floor having verandas on front side as well as on back side. The defendant Amrit Lal was the tenant of the rooms on the first floor @ Rs. 450.00 per month apart from the taxes. A condition was made that the rent will be enhanced after every 3 years to the extent of 15%. The defendant has also furnished the rent note to the plaintiff to this effect. According to the plaint averments, the rent has not been paid since Jan., 1999 to the extent of Rs. 14,625.00 and the same has become due. The plaintiff has also claimed Rs. 1462.00 towards sanitation tax @ 10 per cent and Rs. 1829.00 towards water tax @ 12 per cent. Thus, a total of Rs. 17,916/- has been claimed by the plaintiff. The plaintiff has sent a notice on 16.9.2001 to the defendant but inspite of the notice served upon the defendant, he has neither vacated, the premises nor has paid the rent.