MEGH SHYAM SINGH RAWAT Vs. CHETAN GANDHI

JUDGEMENT

(1.) HEARD Shri M. C. Pandey, Counsel for the appellant and Shri J. C. Belwal, counsel for the respondents.

(2.) BY the present civil revision filed under section 25 of the Provincial small Causes Court Act, the revisionist has prayed for setting aside the order dated 25. 7. 2007 passed in Misc. Case No. 75 of 2006.

(3.) BRIEFLY stated a suit was filed by the plaintiffs praying for a decree for eviction as well as for recovery of rent and damages apart from the arrears of rent and damages. According to the plaintiffs, they are the owners of the shop measuring 15 x 75 feet situated at Kaladhungi Road, Haldwani, Nainital and the rent of the premises was Rs. 6,600/- per month. The defendant has not paid any rent since 27. 12. 2005 as well as water tax to the extent of 12. 5 per cent i. e. Rs. 29,400/- despite repeated demands. The plaintiffs have sent a notice on 8. 5. 2006 under section 106 of the Transfer of Property Act demanding the arrears of rent and water tax from the defendant and by the said notice the tenancy of the defendant was also terminated. The aforesaid notice returned back on 17. 5. 2006 with an endorsement that the addressee is not available on the given address. Further, it has been stated that since the notice was sent on the correct address, therefore, it shall be deemed that the same have been served upon the defendant on 17. 5. 2006. The defendant has neither paid any rent nor vacated the premises and he has become unauthorized occupant since 18. 6. 2006. It has been stated that the provisions of U. P. Act No. 13 of 1972 are not applicable to the building in dispute. The plaintiffs have, therefore, claimed a sum of rs. 42. 225/- towards the arrears of rent and taxes from 27. 12. 2005 to 18. 6. 2006 and damages @ Rs. 400/- per day from the filing of the suit for unauthorized use and occupation of the premises in question.