SIYARAM CHAUHAN ALIAS SURENDRA SINGH Vs. BACHAN SINGH

JUDGEMENT

(1.) The judgment and order dated 02.02.2016 rendered by Judge Small Causes Court/Additional District Judge, Vikas Nagar, Dehradun, is under challenge by the tenant/revisionist Shri Siyaram Chauhan @ Surendra Singh. This property was purchased by the landlord Shri Bachan Singh from its previous owner on 24.9.2004 and it was under the tenancy of Shri Chauhan even almost two decades before such purchase as indicated above. It comprises a single room bearing No. 268 Sadar Bazar, Chakrata, District Dehradun. After purchase of this property by Shri Bachan Singh, he became the new landlord and Mr. Chauhan used to pay the rent at the rate of Rs. 600.00 per month. But, claiming the default in the payment of such rent as well as disputing the rate of rent a JSCC suit No. 57/2013 was presented on 13.11.2013.

(2.) The first date fixed, where for, the summon was sent to the defendant for filing the written statement/final hearing, was 13.12.2013. Somehow, service could not be affected upon the opposite party/defendant, so, on next date viz. 13.12.2013, the plaintiff was directed to take steps further as fixing the date 27.01.2014, but again there could not be any service, so, on the date 27.01.2014 again the directions were issued for taking the steps fixing 04.3.2014 for filing written statement/formulation of point of determinations.

(3.) On 04.3.2014, the defendant appeared and sought the adjournment seeking some time to file the written statement. It was granted and again the date 02.4.2014 was fixed for filing the written statement and framing the issues.