CLR/43/2023
2023 Latest Caselaw 770 UK

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      22.03.                     CLR No.43 of 2023
      2023                       Hon'ble Alok Kumar Verma, J.

Present Civil Revision has been filed under Section 25 of the Provincial Small Cause Courts Act, 1887 against the judgment and decree dated 19.12.2022, passed by learned Judge, Small Causes Court/IIIrd Additional District Judge, Udham Singh Nagar in SCC Suit No.03 of 2015, "Smt. Krishna Gautam vs. Girish Chandra Sharma", by which, learned Trial Court has decreed the Suit and directed to revisionist to handover the vacant possession of the suit property to the respondent - plaintiff. Learned Trial Court has also directed to the revisionist - defendant to pay outstanding rent of Rs.38,533/- and mesne profit at the rate of Rs.133.33/- per day till the possession of suit property is handed over to the respondent - plaintiff.

Heard Mr. Atul Kumar Bansal, learned counsel for the revisionist.

Learned counsel for the revisionist submitted that during the pendency of the Suit, the original owner of the suit property, namely, Sushil Kumar and Sudhanshu had executed a sale deed in favour of one Jeetu Pal and Kamal Arora. Therefore, the revisionist was not the tenant of the respondent.

Admit.

Issue notice to the respondent. Steps to be taken within a week.

List this case on 27.07.2023.

Subject to deposit of decretal amount, as directed by learned Trial Court, before the court concerned within four weeks from today, effect and operation of the impugned judgment and decree dated 19.12.2022 are stayed till the disposal of this revision.

Stay Application (IA No.01 of 2023) is disposed of accordingly.

(Alok Kumar Verma, J.) 22.03.2023 Pant/