Hon'Ble Alok Kumar Verma vs Smt. Tripta
2022 Latest Caselaw 3870 UK

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     01.12.2022                     CLR No. 101 of 2022
                                    Hon'ble Alok Kumar Verma, J.

The proposed Revision has been filed under Section 25 of the Provincial Small Cause Courts Act, 1887 against the judgment and decree dated 07.10.2022, passed by the learned Judge, Small Cause Courts/VIIth Additional District Judge, Dehradun in SCC Suit No. 27 of 2018, "Vijay Bahadur Singh vs. Smt. Tripta Jhingran", whereby, the learned Court has decreed the suit for eviction, arrears of rent and mesne profit.

Heard Mr. Piyush Garg, Advocate, for the revisionist and Mr. Rajat Mittal, learned counsel for the respondent.

Mr. Piyush Garg, Advocate, submitted that the provisions of the Uttar Pradesh Urban Buildings (Regulation of Letting, Rent and Eviction) Act, 1972, (as applicable in the State of Uttarakhand) are applicable on the suit property, and, in an Original Suit No. 563 of 2009, "Smt. Tripta Jhingran vs. Jagdish Chand Badauni, Vijay Bahadur Singh and Others", the learned Trial Court had given the findings that the provisions of the said Act are applicable on the suit property. He further submitted that against the said judgment and decree, passed in the said Original Suit No. 563 of 2009, the respondent herein had filed an Appeal. The said Appeal was dismissed for non- prosecution. A Restoration application was filed to re-admit the said Appeal. However, the said Appeal was not-pressed by the appellant.

The said submissions are not opposed by the respondent. However, Mr. Rajat Mittal, Advocate submitted that a withdrawal application was filed in the said restoration application to withdraw the restoration application, since the said SCC Suit No. 27 of 2018 had been filed.

Admit.

of 2022).

Subject to depositing the disputed amount, after adjusting the amount already deposited by the revisionist-defendant, before the Court concerned within six weeks from today, the effect and operation of the impugned judgment and decree dated 07.10.2022 are stayed till further order.

List this case on 19.12.2022. Parties are directed to present personally or through power of attorney before the Court on the date fixed to try to settle the disputes.

(Alok Kumar Verma, J.) 01.12.2022 Shiksha