OM WATI Vs. PANCHI DEVI

JUDGEMENT

(1.) We shall be referring to the parties by their nomenclature in the plaint. Smt. Panchi Devi is the plaintiff and Smt. Om Wati is the defendant.

(2.) Panchi Devi stated in the plaint that she is the owner of the suit property which she had let out to the defendant in June 2002 and that the last paid agreed rent was Rs. 13,000/- p.m. She stated that Om Wati stopped paying rent from the month of May 2010. Tenancy being oral, it was pleaded that as per law the tenancy would be treated to be from month to month and that vide the legal notice dated 3.6.2010 the tenancy was determined and yet inspite thereto possession was not handed over. Alleging that the fair market rent of the subject property would be Rs. 1,00,000/- per month, suit was filed praying that plaintiff be put in possession of the subject property and damages towards unauthorized use and occupation be granted.

(3.) It was stated in the plaint that Om Wati was unauthorizedly claiming mat under an oral agreement entered in the month of June 2002 she had agreed to sell the subject property to Om Wati at an agreed consideration of Rs. 20,00,000/- (Rupees twenty lakhs only). Plaintiff denied having received any such consideration.