GURJIT SINGH Vs. BEER SINGH

JUDGEMENT

(1.) THE challenge by means of this Regular First Appeal under Section 96 of the Code of Civil Procedure, 1908, is to the impugned judgment and decree dated 11.10.2010 whereby the suit of the Respondent/plaintiff/landlord has been decreed against the Appellant/Defendant/tenant for recovery of possession, arrears of rent/mesne profits and electricity charges due and payable to the local electricity authority on account of a bill raised for dishonest abstraction of energy by the Electricity Authority towards consumption of electricity by the Appellant.

(2.) THE learned Counsel for the Appellant states that he does not press the appeal so far as the relief of possession of the tenanted property granted to the Respondent is concerned but only presses the appeal with respect to money decree for arrears of rent/mesne profits and the electricity bill charges. Counsel for the Appellant contends that in the written statement, the Appellant had disputed the rate of rent and the electricity charges.

(3.) IN view of the above, I do not find any reason to interfere with the impugned judgment and decree in the appeal because the evidence as led by the Respondent/plaintiff remained unrebutted as no evidence was led by the Appellant/Defendant. The appeal is therefore without any merit and is therefore dismissed leaving the parties to bear their own costs. Trial court record be sent back.