Pratibha Devi vs Gaurav Jain - 2026 Supreme(UK) 100

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2026 Supreme(UK) 100

HIGH COURT OF UTTARAKHAND AT NAINITAL
SUBHASH UPADHYAY
Pratibha Devi – Appellant
Versus
Gaurav Jain – Respondent

Advocates Appeared:
For the Revisionist : Mr. Piyush Garg, learned counsel
For the Respondent: Mr. Siddhartha Singh, learned counsel and Mr. Nikhil Singhal (through V.C.), learned counsel.

JUDGMENT :

Subhash Upadhyay, J.

This civil revision is directed against the order dated 16.10.2025 passed by the learned Judge SCC/1^st Additional District Judge, Haridwar in SCC Suit No.06 of 2024, “Gaurav Jain & Anr. Vs. Smt. Partibha Devi & Ors.”,

2. The revisionists have assailed the aforesaid order by which the application under Order 15 Rule 5 CPC of the respondents was allowed and the defense of the revisionists was struck off.

3. The factual matrix of the case is that, the respondents herein (plaintiffs in the suit) filed the suit under the Provincial Small Cause Courts Act against the revisionists (respondents in the suit) seeking a relief of eviction, arrears of rent and damages. The respondents claimed that their property – The Hotel Grand Lajja was given on rent to the revisionists initially at the rent of Rs.6 lakh per month and 18% GST and the tenancy started from 07.10.2021 and the rent was to be paid on the 10^th day of every month.

4. As per the case of the respondents/plaintiffs, from October, 2023 the rent was to be enhanced and from the said date the rent payable was Rs.8 lakh per month and 18% GST. As per the respondents/plaintiffs, rent since September, 2023 was not