UMESH CHANDRA GUPTA Vs. PRAMOD KUMAR PANDEY

JUDGEMENT

(1.) Heard Shri J.C. Belwal, Counsel for the revisionist. None has appeared for the respondent inspite of personal service as will appear from the office report dated 29.10.2007.

(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 judgment and decree dated 16.5.2007 passed by the Judge, Small Causes Court, District Udham Singh Nagar in SCC Suit No. 1 of 2005.

(3.) Briefly stated, a suit was filed by the plaintiff being J.S.C.C. Suit No. 1 of 2005 praying for the recover of rent and damages and eviction of the defendant from the shop situate at Village Bhuramholia, Tehsil Khatima, District Udham Singh Nagar. According to the plaint averments, the plaintiff is the landlord of the disputed shop and the defendant is the tenant of the said shop for the last 5 years on rent of Rs. 850.00 per month The defendant did not pay the rent from July, 2002 to Nov., 2004 amounting to Rs. 23,800.00 inspite of repeated demands. The provisions of U.P. Act No. 13 of 1972 do not apply on the shop in dispute. The plaintiff had sent a notice on 9.11.2004 for termination of tenancy and payment of rent from July, 2002 to Nov., 2004 but neither the notice was replied nor the outstanding amount has been paid. Further, the plaintiff had sent a notice on 18.1.2005 clarifying that in the notice dated 9.11.2004 amount of Rs. 23,000.00 may be read as Rs. 23,800.00. It has been submitted that the possession of the defendant from 10.12.2004 is illegal and he is liable to pay the damages at the rate of Rs. 30.00 per day. The plaintiff has prayed to the following effect:-