BABU KABARI Vs. IQBAL HUSSAIN

JUDGEMENT

(1.) Heard Sri Sarvesh Agarwal, counsel for the revisionists and Sri Prabhakar Joshi, counsel for the Respondents.

(2.) By the present Civil Revision filed under Sec. 25 of the Provincial Small Cause Courts Act, 1887, the revisionists have prayed for setting aside the judgment and decree dated 21.03.2005 passed by the Additional District Judge/ 1st Fast Track Court, Nainital in S.C.C. Case No. 14 of 2000 Sri Iqbal Hussain and Ors. v/s. Sri Baboo Kabari.

(3.) Briefly stated, the suit was filed by the Plaintiff -Respondents being Suit No. 14 of 2000 Sri Iqbal Hussain and Ors. v/s. Sri Baboo Kabari for recovery of rent, damages and eviction against the Defendant. According to the plaint averments, the Defendant is tenant at the rate of Rs. 300/ - per month of two rooms with Varanda at ground floor and one room in first floor in House No. 13 -394, Line No. 8, Azad Nagar, Haldwani, District Nainital. The Plaintiff is owner of the said premises. Since March, 1994 to April, 2000, the Defendant has not paid the rent and a sum of Rs. 22,200/ - has become due towards the arrears of rent.