ZAKAUL HAQ AND ANOTHER Vs. TASAWWAR HUSAIN

JUDGEMENT

(1.) The petitioner is the defendant tenant in SCC Suit filed by the respondent landlord seeking eviction of the petitioner from the tenement, in question, which constitutes to be a suite situated in Mohalla Indira Colony, Uttari Kahtari, Ramnagar, District Nainital.

(2.) The suit was filed on the premise that the petitioner has committed a default in remittance of the rent due towards the tenement and, as such, since there is default for the period 1st February, 1996 till 31st January, 2001, and the total amount which is fallen due on the basis of rate of rent as agreed between the parties was to be paid @ Rs. 550/-per month, plus water tax @ 12.5% and scavenging tax @ 10% per month, the total amount due to be paid comes to be Rs. 33,000/- on account of arrears of rent and Rs.7,425/- on account of arrears of taxes.

(3.) The contention of the respondent before the Court below, in the suit was that they were served with notice of demand to petitioner on 26th February, 2001, and when there was a default committed by the petitioner, the tenancy, according to the respondent came to an end on the expiry of the statutory period, as provided in the notice dated 26th February, 2001. Thus, in the principle relief, he has prayed for a decree of arrears of rent to the tune of Rs. 24,250/- and eviction and mesne profit @ 675/- p.m. from the date of institution of the suit till the date of actual ejectment.