SOUDAGER ABDUL RAHIM Vs. SOUDAGER GULAM RASOOL

JUDGEMENT

(1.) This appeal coming up for orders, by consent of Counsel, it is taken up for final disposal. After hearing the learned Counsel for the appellant and respondent, we dispose of the appeal by the following Judgment. in the course of our Judgment, we will refer to the parties by the ranks assigned to them in the trial Court.

(2.) This is defendant's appeal against the Judgment and decree dated 5-11-1982 made in C.S.No. 47 of 1981 on the file of the Civii Judge, Ralchur,

(3.) Plaintiff filed the suit inter-alia alleging that the defendant was his tenant of the premises bearing M.No.5.6.2. In Somwarpeth where the defendant was running a Boarding and Lodging in the name and style of 'Soudager Lodge'. He further alleged that the premises was leased on a monthly rent of Rs. 300/- under a registered lease deed dated 9-9-1371 for a period of 3 years; that on the expiry of the period stipulated in the lease, he demanded the defendant to vacate the premises and handover vacant possession. The defendant, on the other hand, agreed to pay enhanced rent of Rs. 2,000/- per month and requested that he may be allowed to continue as a tenant. In that circumstance, the plaintiff permitted the defendant to continue as a lessee of the suit premises in question and received in all on different dates a sum of Rs. 9,600/- towards the new agreed rent. The balance was not paid. Therefore, he got issued a lawyer's notice to which the defendant replied evasively with certain falsehood. Therefore, he filed the suit seeking a decree for the sum due for the suit premises and the arrears of rent at Rs. 2,000/- per month as on the date of the suit was Rs. 30,400/-.