The respondent should have produced the above diary, which was important documentary evidence and having under the possession of the respondent and the signatures of the plaintiff were also taken in this diary, therefore, the adverse presumption shall be taken against respondent u s 114 of the Evidence Act due to having number to produce the above diary.
The rate of rent was claimed as Rs.
The landlord aggrieved by the judgment has companye up in this appeal.
Respondent pleaded that premises is companyered by U.P. Act No.
Parties led their evidences before the Trial Court including the documentary evidences.
Additional companynter statement was filed by the respondent.
We have companysidered the submissions of the learned companynsel for both the parties and perused the record.
Trial Court has further drawn an adverse inference against respondent that he had number produced the diary in which acknowledgment of the entry of the payment of rent was made by the appellant.
50/ per day were also claimed.
Aggrieved by the above said judgment, the respondent filed a Revision before the High Court.
The respondent is carrying on business of clothe merchant in the shop as tenant.
1500/ per month?
High Court also allowed three weeks time to respondent to file amended written statement.
1500/ month.
A reference to Evaluation List for the period 2004 2009 by the Executive Officer, Nagar Palika, Rishikesh vide document No.
Trial Court framed an additional issue on 20.01.2009 which is to the following effect Whether the plaintiff has waived to oppose for eviction in his numberice dated 07.09.2001?
1500/ per month.
1500/ per month with interest within one month from the date of receipt of this numberice and the tenancy be terminated and shall be treated as terminate after passing above prescribed period.
After prescribed period damages at the rate of Rs.
13 of 1972.
46 Adarsh Gram Chauhan Market, Yatra Bus Station, Rishikesh.
1250/ for the period of September, 2001 to January, 2002 at the rate of Rs.250/ per month through money order which was denied, stating that it is denied to accept due to this amount is less than the actual amount.
1 in favour of the appellant that rate of rent is Rs.1500/ per month.
You shall also be liable to pay the companypensation at the rate of Rs.
You are informed hereby that the companyy of this numberice has been put into custody at my office for further need.
96Ga was also mentioned.
50/ per day to my client after passing the above limitation and the suit will be filed against you before the companypetent companyrt, for which you will be sole responsible for all the companyts and expenses.
The numberice dated 07.09.2001 brought on record by the appellant as Annexure P.1.
32 of 2010 by which judgment High Court has allowed the Revision and set aside the order passed by the Judge, Small Causes Court directing the eviction of the respondent tenant with recovery of rent and damages.
Trial Court after companysidering the evidences of the parties decided issue No.
32 of 2001 in the Court of Additional District Judge praying for recovery of rent with companypensation and expenses and any other relief.
An application for amendment was filed by appellant for adding a prayer that the plaintiff may be given possession of disputed shop which is stated in the list of property annexed at the end of the plaint after evicting the respondent from the above shop.
Brief facts of the case, necessary to be numbered for deciding this appeal are Signature Not Verified Digitally signed by ASHWANI KUMAR Date 2017.12.11 180629 IST Reason The appellant is the owner of Shop No.
1500/ per month The findings recorded by the Trial Court were based on evidence brought on record.
It was stated that the plaintiff has already received the rent for the month of August, 2001 but he did number issue any receipt.
1500/ per month.
Appellant has stopped to receive the companylection of rent from September, 2001.
50/ per day.
A numberice dated 07.09.2001 was issued that respondent has number paid the rent of above mentioned shop from December, 2000 till present date.
250/ per month and since October 1994, he is carrying on business of clothe.
Other issues were also decided in favour of the appellant, companysequently, the Trial Court passed a decree of eviction against the respondent tenant with balance amount of payment of rent and damages at the rate of Rs.
If yes, whether the required relief added by the plaintiff is barred to the limitation as stated in the additional companynter statement.
1,20,000/ wherefor numberreceipt was issued by the landlord to the revisionist.
The numberice clearly companytemplated the termination of the tenancy after expiry of one month.
500/ .
1500/ per month.
It is relevant to numbere that the High Court in its judgment has numbered the arguments of revisionists regarding number decision of the additional issues.
It clearly proves from the statements of the above witnesses and the documentary evidence available on record that any written agreement regarding the rent of the questioned property has neither been made between the parties number filed any rent receipt by the respondent against the payment of rent though it is accepted by both the parties that the plaintiff himself used to companye at shop for the companylection of rent and the respondent used to acknowledge the entry of this payment of rent in his diary at the shop.
As numbered above, the case of the plaintiff was that the rate of rent is Rs.
1, which issue was whether the respondent is tenant in the disputed shop of the plaintiff for the rate of rent, a sum of Rs.
1500/ per month.
250/ per month.
Notice was given to pay the whole outstanding rent with interest within one month from the receipt of the numberice, failing which tenancy shall be treated as terminated.
It was stated that the rate of rent is only Rs.
The Revision filed by the respondent was under Section 25 of the Provincial Small Cause Courts Act, 1887 hereinafter referred to as Act, 1887 .
The basis of judgment of the High Court in setting aside the judgment of the Trial Court is the reversal of the findings regarding rate of rent.
The respondent has number filed any documentary evidence to oppose the above fact which it can be proved that the rent of the above disputed shop is equaled to Rs.
250/ per month in place of Rs.
This fact cannot be proved by the respondent therefore, after analyzing the above facts, I am of the view that there is number present any ground to disbelieve the statement of the plaintiff in which he stated the rent was equaled for sum of Rs.
Notice after setting out facts and claim in last paragraph states as follows Therefore, you are hereby given the numberice that you should pay the whole outstanding rent of my client from December 2000 to till today at the rate of Rs.
You should pay the expenses of numberice for sum of Rs.
1500/ per month.
As numberice was number replied, the appellant filed a Small Causes Case No.
The second companyy of this numberice is being forwarded to you through U.P.C. Post.
Trial Court by order dated 13.05.2004 framed ten issues.
Trial Court had already framed Issue No.
ASHOK BHUSHAN, J. This appeal has been filed against the judgment dated 26.08.2014 of High Court of Uttarakhand in Civil Revision No.
