NEELAM RATHORE Vs. SURENDER MOHAN SHARMA

JUDGEMENT

(1.) This appeal has impugned the judgment and decree dated 21.09.2010 which has endorsed the findings of the trial Judge dated 13.05.2010 whereby the suit of the Defendant/ Respondent had been decreed. The Plaintiff Mr. Surender Mohan Sharma had filed his suit for possession and recovery of arrears of rent as also arrears of electricity and water charges.

(2.) The Plaintiff claims to be the owner of property No. J-70, 2nd Floor, Gali No. 4, Laxmi Nagar, Delhi comprising of two rooms. The Defendant had taken the premises on rent @ 4,000/- per month. This was in terms of an agreement dated 27.07.2007. The Defendant was defaulting in payment of rent. Notice was served upon the Defendant. The suit was thereafter filed for recovery of possession of the suit property as also arrears of rent.

(3.) Written statement was filed contesting the suit. Contention was that the amount of 4,000/- per month was inclusive of electricity and water charges and the amount has been paid till January, 2009. On the pleadings of the parties, following four issues were framed :