LAWS(ALL)-2011-12-218

SANJEEV KUMAR TYAGI Vs. KAMLESH KUMARI

Decided On December 15, 2011
Sanjeev Kumar Tyagi Appellant
V/S
KAMLESH KUMARI Respondents

JUDGEMENT

(1.) Heard Sri Ashish Agarwal, learned counsel for the revisionist-tenant and Sri A. C. Shukla, learned counsel, who has put in appearance on behalf of the plaintiff-respondent.

(2.) This is a revision under Section 25 of the Provincial Small Causes Court Act against the judgment and decree dated 09.09.2011 passed in S.C.C. Suit No. 11 of 2007 (Smt. Kamlesh Kumari & others Vs. Sanjeev Kumar Tyagi) by the Additional District Judge, Court No. 2, Ghaziabad, as also against the orders dated 09.08.2011 and 27.08.2011 passed in the above suit.

(3.) Learned counsel for the revisionist-tenant has submitted that the rate of rent was disputed when the revisionist-tenant claimed it to be Rs. 2000/-per month and the respondent-landlord claimed it to be Rs. 3500/-per month. The submission is that in case the rent was Rs. 2000/-per month, the provision of Act No. 13 of 1972 would apply and the suit before the Judge, Small Causes Court would not be maintainable.