RAJNI SHARMA Vs. SHIV MANDIR PRABANDH SAMITI

JUDGEMENT

(1.) BY means of this writ petition, moved under Article 226 read with Article 227 of the Constitution of India, the Petitioners have sought writ in the nature of certiorari quashing the impugned judgment and order dated 03 -08 -2005, passed by Addl. District Judge / F.T.C. 6th, Dehradun, in Small Cause Revision No. 83 of 2001, whereby the said court has affirmed the judgment and decree dated 24 -11 -2001, passed by Judge Small Causes Court / Civil Judge (Senior Division) / F.T.C. 12, Dehradun, in Small Causes Court Suit No. 43 of 1996.

(2.) HEARD Learned Counsel for the parties and perused the papers on record.

(3.) THE Defendant Mahendra Halwai (since deceased) contested the suit and filed his written statement in which it is admitted by the Defendant that in the year 1971, a piece of land was let out to his father by the Plaintiff on rent at the rate of Rs. 20/ - per month, and pucca constructions were carried out over the land with the permission of the landlord, and the Defendant and his family members are living in it. It is further pleaded that later the rent was enhanced to Rs. 40/ - per month. Vide notice dated 19 -12 -1995, the Plaintiff demanded rent at the rate of Rs. 350/ - per month and said demand was illegal. According to the Defendant the rent had already been paid upto January 1996, as such, no default was committed by the Defendant. It is stated that Plaintiff had no right to terminate the tenancy of the Defendant on frivolous ground.