BHEEM PRAKASH @ DEEPAK Vs. ANURAG SACHDEVA

JUDGEMENT

(1.) This is a landlord's revision under Section 25 of the Provincial Small Causes Courts Act, 1887, wherein, he has challenged the judgment dated 24th March, 2014, passed by the Judge Small Causes Courts / 6th Additional District Judge, Dehradun in SCC Case No. 39 of 2008, Bheem Prakash Vs. Anurag Sachdeva, by virtue of which, the suit of the plaintiff revisionist for arrears of rent and recovery of possession against the defendant has been dismissed.

(2.) Brief facts leading to the institution of the proceedings before the Court below was that the plaintiff revisionist submitted in his plaint that the defendant respondent is a tenant of the property described as property bearing Municipal No. 50, Dharampur 1st, Dehraun (hereinafter to be called as tenement), in which, the defendant respondent was inducted as a tenant on a monthly rent of Rs.1000/-.

(3.) The contention of the learned counsel for the landlord before the Court below was that since the assessment of the tenement has taken place for first time in 1999-2004, the provisions of Act No. 13 of 1972, would not be applicable. He further submitted that in pursuance to the family settlement which has been arrived at on 29th July, 2007, of which the memorandum of settlement was written down on 31st July, 2007, the defendant has become the owner of the part of the property, thus, settled on 31st July, 2007, and hence, he would be treated to be as the sole landlord of the tenement which has fallen in his share on the basis of settlement dated 31.07.2007. At this stage, it would be relevant to mention that there is no controversy to the effect that there did existed the relationship of the landlord and tenant between the parties to the suit.