SATISH CHANDRA @ SATYA PRASAD AND ORS Vs. ROSHAN LAL (SINCE DECEASED SMT SUNDARI DEVI W/O LATE ROSHAN LAL, RAJESH KUMAR S/O LATE ROSHAN LAL AND RAVINDRA KUMAR S/O LATE ROSHAN LAL) AND ORS

JUDGEMENT

(1.) This revision, preferred under Section 25 of the Provincial Small Cause Courts Act, 1887, is directed against the judgment and order dated 30.07.1998, passed by Judge, Small Cause Courts / District Judge, Pauri Garhwal, in S.C.C. Suit No. 07 of 1993, whereby the landlord s suit for recovery of arrears of rent, mesne profits and for eviction of the defendants (present revisionists) is decreed.

(2.) Heard learned Counsel for the parties.

(3.) Brief facts of the case are that, admittedly, Pallu Ram (father of plaintiffs No. 1 to 5 and husband of plaintiff No. 6) was the original landlord of the house in suit situated in Satpuli (not municipal area) in District Pauri Garhwal. Jagdish Prasad (father of defendants No. 1 to 3 and husband of defendant No. 4) was the original tenant in the house. It is also not disputed that the rate of rent was Rs. 600/- per month. It is also admitted between the parties that on 20th November 1987, advance rent to the tune of Rs. 32,000/- was paid for the period till April 1992 by the original tenant to the original landlord. After the death of the original landlord, plaintiffs (present respondents) inherited the ownership and landlordship of the house, and after the death of original tenant, the defendants (present revisionists) inherited the tenancy. It is alleged in the plaint that after April 1992, no rent was paid by the defendants. Therefore, after giving notice under Section 106 of the Transfer of Property Act, 1882, the suit was filed for eviction of the defendants and also for realization of arrears of rent and mesne profits.