This revision has been filed by the plaintiff/landlord under Section 25 of Provincial Small Cause Courts Act, 1887, challenging the judgment and decree dated 20-0/-2000 passed in S. C. C. suit No. 04 of 1997 by Judge, Small Cause Court/district Judge, Nainital, whereby the plaintiffs suit has been dismissed with costs.

2. I heard learned counsel for the parties and perused the record.

3. Brief facts of the case are that a one-room house consisting of a shop, situated in Rudrapur, the boundaries of which are detailed in the plaint, was owned by one late Shri Dwaraka Dass. Said Dwaraka Dass let out the shop to defendant Raj Kumar Sachdeva on a rent at the rate of Rs. 200/- per month.

It is pleaded in the plaint that after the death of Dwaraka Dass, his widow Radha Rani and his daughters became owners and landlord of the shop. Plain tiff has pleaded that on 21-09-1994, he purchased the house in suit from them (Radha Rani and her daughters) and be came owner and landlord thereafter. As per the plaint case, at the time when the plaintiff Chaman Lal, purchased the house, the rate of rent had already in creased to Rs. 700/- per month. It is pleaded in the plaint that the rent on said rate i. e. Rs. 700/- per month from September, 1994, was demanded from the defendant/tenant through a notice dated 0/-09-1996, in reply to which he (defendant) got sent arrears of rent at the rate of Rs. 200/- per month from September, 1994 to September, 1996 through cheque No. 008610, dated 14-10-1996. The plaintiff did not accept the same and got it returned to the de fendant. Again through a notice dated 13- 01-1997, plaintiff demanded arrears of rent for a period from September, 1994 to December 1996, amounting to Rs. 19,600/- and also terminated the tenancy of the defendant by serving him one month notice. In reply to this no tice, again denying the liability to pay the rent at the rate of Rs. 700/- per month, defendant got sent another cheque No. 008627 dated 03-02-1997, offering payment of rent at the rate of Rs. 200/-per month. On this, plaintiff. filed the S. C. C. suit No. 04 of 1997, for ejectment of the defendant and for re covery of arrears of rent and mesne profits.

4. The defendant contested the suit and filed the written statement. In the written statement, it is admitted that the shop in question belonged to late Shri Dwaraka Das and the defendant was in ducted as tenant by him. Rest of the contents of the plaint, as pleaded were not admitted. In the additional pleas, it is pleaded by the defendant that he does not want to create any dispute, as to the ownership of

the plaintiff but it is categorically pleaded that the plain tiff is alleging rate of rent to be Rs. 700/ - per month only to make a ground to eject the defendant. It is further pleaded in the written statement that the actual rate of rent is Rs. 200/-per month, which he always offered to pay and made the payment. But the plaintiff did not ac cept the same. It is specifically pleaded that the defendant is not the defaulter in payment of rent. Apart from filing the written statement, an application 27-C was moved before the trial court on 20-04-1998 by the defendant,, seeking protec tion of sub-section (4) of Section 20 of U. P. Act 13 of 1972, stating that he is depositing, unconditionally, the entire rent due with interest and costs on the first date of hearing so that the decree of ejectment, as against him may not be passed. Learned Judge, Small Cause Court, recorded the evidence, adduced by the parties and heard them. It dismissed the suit for ejectment vide judgment and order dated 20-0/-2000, deciding all the three points of determination in favour of the defendant. The point of determination are enumerated by the trial court in its judgment as under:

1. What is the rate of rent, whether Rs. 2001- or Rs. 7001-per month?

2. Whether the defendant had com mitted default in payment of rent by not remitting taxes to the plaintiff?

3. Whether the defendant has de posited the enti

Click Here to Read the rest of this document