SANJAY & ANR Vs. CHHAJU RAM

JUDGEMENT

(1.) The present second appeal is directed against the judgment and decree dated 17.02.2014 passed in RCA No. 44/13 preferred by the appellants to assail the judgment and decree passed by the trial court, namely, the learned Civil Judge in civil suit No. 306/13/96 whereby the respondent/plaintiff's suit for possession, recovery of arrears of rent, damages and permanent injunction was decreed.

(2.) The respondent-plaintiff filed the aforesaid suit on the premise that he had purchased the suit property from the erstwhile owner-Smt. Kanta Devi by registered sale deed on 19.03.2010. In a portion of the said property, in Shop bearing property No. 2, the defendant No. 1 was a tenant, as per information gathered by the plaintiff from the erstwhile owner-Smt. Kanta Devi, at a monthly rent of Rs. 3,600/-. The plaintiff was informed that the rent had lastly been received @ Rs. 3,600/- per month by way of cheque of Rs. 3,400/- and cash of Rs. 200/- for the month of March, 2009. The plaintiff stated that this position was acknowledged by the erstwhile ownerSmt. Kanta Devi, in writing. After the purchase of the suit property, the plaintiff issued a legal notice to the defendant No. 1 asking him to pay rent to the plaintiff @ Rs. 3,600/- per month. The said notice was replied vide reply dated 07.05.2010 wherein defendant No. 1 admitted that he is the tenant but claimed that the rate of rent is Rs. 600/- per month. The defendant No.2 also sent a reply through the same counsel, claiming that he himself was a tenant in the suit premises. The plaintiff vide legal notice dated 01.02.2011, terminated the tenancy and called upon the defendants to vacate the suit premises. The plaintiff claimed that defendant No. 2 has no concern with the suit premises - which was a shop, as he was an employee of Maharaja Agarsen Hospital. In any event, since both the defendants claimed rights in the suit property, the plaintiff instituted the aforesaid suit against both of them.

(3.) The defendants filed a common written statement. Pertinently, in the written statement, in reply to para 2, the defendants admitted the payment of Rs. 3,600/- to Smt. Kanta Devi. However, it was claimed that the said amount was paid as arrears of rent for a period of 6 months i.e. from October, 2008 to March, 2009. The defendants claimed that the rate of rent was Rs. 600/- per month which was being paid to Smt. Kanta Devi, regularly.