PUSHPA TYAGI (SMT.) Vs. SMT. SHEELA RANI AGGARWAL

JUDGEMENT

(1.) Heard Sri Akhilesh Kalra and Sri Paresh Tripathi, Counsel for the revisionist and Sri S.N. Babulkar, Counsel for the respondent.

(2.) By the present civil revision filed under Sec. 25 of the Provincial Small Cause Courts Act, 1887, the revisionist has prayed for setting aside the order 15th May, 2001 passed by the Judge Small Cause Court/Addl. District Judge, Fast Track Court-II, Dehradun by which the decree for eviction has been passed along with the arrears of rent. Factual Matrix of the Case

(3.) Briefly stated, a suit was filed by the plaintiff respondent being Small Cause Court Case No. 13 of 1997 stating therein that the plaintiff is the owner of the property situate in Schedule Ka and Kha namely shop consisting 15X10 feet and another shop consisting of 15X10 feet. The plaintiff has let out the shops to the defendant on a monthly rent of Rs. 500.00 per month each total Rs. 1000.00 per month. The defendant has paid the rent up to Aug., 1988, therefore, the rent has become due from 1st Sept., 1988 along with water and house tax. The details of the amount due is quoted below:-