RAHIS AHMAD Vs. ISHRATMIR KHAN

JUDGEMENT

(1.) PRESENT civil revision has been filed against the judgement and decree dated 20. 9. 2008 passed by the Judge Small Causes Court/ Special Judge (E. C.) Act in SCC Suit No. 4 of 2002 ( Ishrat Mir Versus Rahis Ahmad), decreeing in the aforesaid suit for arrears of rent and ejectment against the revisionist.

(2.) BRIEF facts as disclosed are that JSCC Suit was filed against defendant-revisionist mentioning therein that defendant-revisionist is tenant at the rate of rent of Rs. 1500/- per month and tenancy starts on 19 of every month and ends on 18th of of succeeding month. Suit had been filed on the ground that defendant-revisionist was arrears of rent w. e. f. 19. 12. 2002 to 18. 8. 2003. Notice terminating tenancy on 1. 5. 2003 had been given. Thereafter, suit had been instituted on 21. 8. 2003, praying for arrears of rent and damages. Said suit was contested by the defendant-revisionist, by filing written statement and thereafter factum of tenancy was accepted. However, rate of rent was claimed as Rs. 250/- per month. Further it was mentioned that rent for the month of September, October, 2003, which was sent was accepted, as such suit is not maintainable, and further suit has been unnecessarily filed.

(3.) IN the on going proceeding, complaining non compliance of the Order 15 Rule 5 of C. P. C. , an application 24-G was moved on 12. 8. 2004 and to the same, objection has been filed on 27. 9. 2004. On the application moved for under Order 15 Rule 5, order was passed on 26. 10. 2004, by means of the same, defence of the tenant-revisionist was directed to be struck of. Thereafter, present JSCC Suit has been decided and rate of rent has been held to be Rs. 1500/- per month and defendant-revisionist to be in arrears of rent, and based on the same decree in question has been passed. At this juncture present JSCC revision has been filed.