Uttarakhand High Court

CLR/16/2025 on 20 May, 2025

Author: Rakesh Thapliyal

Bench: Rakesh Thapliyal

                Office Notes,
             reports, orders or
SL.           proceedings or
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                                  CLR No.16 of 2025
                                  Hon'ble Rakesh Thapliyal, J.

1. Mr. Arvind Vashistha, learned Senior counsel, assisted by Mr. D.S. Negi, learned counsel for the revisionist.

2. Mr. Sagar Kothari, learned counsel for the respondent.

3. The instant civil revision has been preferred under Section 25 of the Provincial Small Cause Courts Act against the judgment and decree order dated 08.01.2025 passed by Judge Small Causes Court/IVth Additional District Judge, Dehradun in SCC Case No.43 of 2015, Balbir Singh Rawat versus Suresh Pundir.

4. It is contended by learned counsel for the revisionist that earlier the tenancy was terminated by the plaintiff-respondent in the year 2001, but after terminating the tenancy, no such suit was filed for eviction, and, thereafter, in 2015 another notice was issued, by which again the tenancy was terminated and then plaintiff/respondent preferred a suit in the Court of Judge Small Causes Court for ejectment, recovery of rent and damages. He submits that since already the tenancy was terminated in the year 2001, therefore, there was no any occasion on the part of the plaintiff respondent to give a further notice for terminating the tenancy since after terminating the tenancy in the year 2001 there was no any relationship of landlord and tenant in between both of them, therefore the suit is not maintainable.

5. On the other side, Mr. Sagar Kothari submits that in the suit in question, the revisionist himself admits in his cross examination that the plaintiff respondent is owner the of the rented accommodation.

6. Let the counter-affidavit be filed by the respondent within four weeks. Two weeks' time, thereafter, is also granted to learned counsel for the revisionist to file rejoinder- affidavit.

7. For an interim measure, the eviction of the revisionist is stayed subject to this condition that the revisionist shall pay 1/4th of the amount of damages in terms of decree passed by the Judge Small Causes Court and will pay regularly monthly rent at the rate of Rs.15,000/- per month.

8. List this matter on 10.07.2025.

(Rakesh Thapliyal, J.) 20.05.2025 R.Bisht