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2014 Supreme(All) 3108

PANKAJ MITHAL
Jugal Kishore – Appellant
Versus
Ramesh Kumar – Respondent


Advocates Appeared:
For the Petitioner:- Ashish Bansal,Smt. Rama Goel Bansal
For the Respondent:- A.N. Bhargava,Jamwant Maurya

JUDGMENT

Pankaj Mithal,J.

Heard Smt. Rama Goel Bansal and Sri A.N. Bhargawa, learned counsel for the parties in both the writ petitions.

2. The above two writ petitions are directed against the judgment and order of the SCC dated 15.11.2006 and of the revisional court dated 16.9.2008 by which the suit of the landlord for arrears of rent and eviction against the tenant has been decreed.

3. A composite notice of demand of rent and termination of tenancy was given on 10.10.2003 demanding rent w.e.f. 1st March 2001 till August 2003 @ Rs. 360/- per month plus house and water tax. On its basis the above suit was instituted. The court of first instance decreed the suit holding that the tenant is in arrears w.e.f. 1.1.2002 to 17.10.2003 @ Rs. 360/- per month plus house and water tax. In revision preferred by the tenant under Section 25 of the Provincial Small Causes Court Act, 1887 the court affirmed the aforesaid decree and the finding regarding default in payment of rent for the above period but held that the rate of rent of Rs. 360/- per month includes water and house tax.

4. Out of the above two writ petitions one has been preferred by the landlord assailing the finding including water tax













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