HARISH BAMI Vs. ANURAG CHAUDHARY

JUDGEMENT

(1.) This revision was heard by me on 5th August, 2004 and after hearing learned counsel for the parties the revision was dismissed for the reasons to be recorded later on. Now here are the reasons :

(2.) This revision under Section 25 of the Provincial Small Causes Court Act is directed against the judgment and decree of the trial court dated 17th April, 1999, whereby the suit filed by the plaintiff-landlords was decreed for eviction and arrears of rent.

(3.) According to plaint allegations, the plaintiff-landlords let out the premises in question to the applicant-tenant on a monthly rent of Rs. 600 plus house and water tax. On 30th May, 1981, a rent deed was executed between the plaintiffs and defendant, according to which the premises in question was let out with effect from 1st January, 1981, at the rate of Rs. 600 per month plus house and water tax. The tenant-defendant has paid rent up to 30th July, 1988 and the water tax was paid only upto 1981-84. Thereafter, neither rent nor house or water tax was paid by the tenant. Therefore, the landlord-plaintiffs served a notice dated 21st August, 1991, terminating the tenancy and demanding the arrears of rent and damages and further requesting to vacate the premises within 30 days. This notice, according to plaintiff, was served on 3rd September. 1991, but since the defendant has not vacated the premises nor paid rent and damages, thus the suit.