HANEEF SAIT Vs. SYED ASIF

JUDGEMENT

(1.) This is an appeal by the defendant challenging the decree of the Trial Court ordering his ejectment from the suit premises which is in his occupation as the tenant of the plaintiff.

(2.) It is a common ground that the defendant was a tenant of the plaintiff and the rent of the premises in his occupation was Rs. 16,000/- per month. It is not in dispute that the plaintiff served a notice dated 18.9.2006 (Ex.P1) on the defendant terminating his tenancy after expiry of fifteen days' period from the date of service of notice and stating that on his failure to do so, legal action will be taken. The notice having been served on the defendant, a reply dated 6.10.2006 (Ex.P3), enclosing with it, a cheque for Rs. 16,000/-, being the rent for the month of September, 2006, was sent. The defendant did not vacate the premises even after expiry of the period allowed under the notice (Ex.P-1) and therefore, suit was instituted on 9.11.2006.

(3.) Written statement was filed contesting the suit, wherein, it was alleged that, on account of non-complying with the demand for more advance and enhanced rent, the plaintiff caused the legal notice on frivolous and vexatious ground, with an oblique motive to evict the defendant and to let out the suit premises to third persons for higher advance and rent. Other allegations made in the plaint were denied. On account of the amendment made to the plaint, additional written statement was filed on 29.01.2010.