LAWS(UTN)-2018-5-74

ISHTKHAR ALI Vs. KADAMBARI DEVI

Decided On May 14, 2018
Ishtkhar Ali Appellant
V/S
Kadambari Devi Respondents

JUDGEMENT

(1.) This is tenant's revision, under Section 25 of the Provincial Small Cause Court Act, 1987, against the judgment dated 24.02.2016 and decree dated 29.02.2016 passed by learned Judge, SCC/District Judge, Pauri Garhwal in SCC Suit No. 11 of 2013, whereby decree of eviction and arrears of rent was passed against the tenant/revisionist.

(2.) This Court, while entertaining the revision, stayed the judgment and decree passed by the learned court below vide order dated 01.04.2016 subject to the condition that tenant shall pay decretal amount as well as damages to the landlady and further that tenant shall continue to pay Rs. 2,500/- per month for use of occupation of the premises in question.

(3.) The landlady has filed a counter affidavit in the revision, wherein she has admitted that tenant has deposited a sum of Rs. 1,40,000/- as security with her. Sri S.K. Posti, learned counsel for the respondent submits that the security amount is refundable to the tenant at the time of handing over the possession of the premises in question.