DINESH SAHU Vs. KRISHNA PAL YADAV

JUDGEMENT

(1.) Heard Sri R.N. Tilhari, learned counsel for the revisionist and Sri Vikas Sharma, learned counsel, who has put in appearance on behalf of the respondent-plaintiff.

(2.) This revision under Section 25 of the Provincial Small Cause Courts Act, 1887 assails the judgement rendered by the court below in SCC Suit No. 0700012 of 2013 whereby the suit filed by the respondent-plaintiff was decreed and a decree of eviction coupled with the arrears of rent at the rate of Rs. 1700/- per month alongwith damages has been issued in his favour.

(3.) The brief facts of the case are that the revisionist is a tenant of the shop in question. The revisionist having committed default in the payment of rent was issued a notice dated 4.12.2012 which was served on him on 5.12.2012. The notice issued to the revisionist was to be complied with on or before 4.1.2013 insofar as the payment of arrears of rent is concerned. The failure on the part of the revisionist-tenant in making payment of rent as claimed in terms of notice dated 4.12.2012, gave rise to the aforesaid suit which was filed on Feb. 19, 2013. The first date of hearing of the suit was 23.5.2013 and the position of facts to this extent is undisputed between the parties. It is also undisputed that the revisionist-tenant made the compliance of Order XV Rule 5 CPC read with Section 20 (4) of the Rent Control Act by depositing the rent in terms of the notice dated 4.12.2012 inclusive of interest and damage coupled with a misc. expense justified to be deposited against the cost. Oral evidence was led before the court below which became a subject matter of consideration in the light of the pleadings on record.