OM PRAKASH KAUSHIK Vs. RADHEY MOHAN

JUDGEMENT

(1.) This Regular Second Appeal is filed under Section 100 of the Code of Civil Procedure, 1908 (CPC) by the appellant/defendant against the concurrent Judgments of the courts below; of the Trial Court dated 4.10.2008 and the First Appellate Court dated 22.9.2009; by which the courts below have decreed the suit of the respondent/plaintiff/landlord for arrears of rent of Rs. 1,11,959.50 being the arrears of rent due at the rate of Rs. 4,100.00 per month from October, 2001 till the filing of the suit on 3.9.2003.

(2.) As per the plaint, the case of the respondent/plaintiff/landlord was that a raid was conducted by Enforcement Cell of the Delhi Vidyut Board in the suit/tenanted premises on 11.10.2001 and the appellant/defendant/tenant in the suit/tenanted premises situated at 112A, Lawrence Road, Ram Pura, Delhi was found to be misusing electricity by using extra load. The case of the respondent/plaintiff was therefore that the appellant/defendant thereafter locked the suit premises fearing the consequences of the raid conducted in the premises on 11.10.2001. Respondent/plaintiff firstly served a Legal Notice dated 20.5.2002 demanding rent from 1.11.2001 and which was replied to by the appellant/defendant vide Reply dated 30.5.2002 stating that the appellant/defendant had vacated the suit premises in Oct., 2001 itself and hence no rent was due to the respondent/plaintiff. Respondent/plaintiff thereafter issued another Legal Notice dated 18.7.2003/Ex.PW1/3 again demanding rent and by making reference to the earlier Legal Notice dated 20.5.2002, and to which notice appellant/defendant replied vide his Reply dated 30.7.2003 again stating that the suit premises were already vacated in Oct., 2001. Appellant/defendant in fact claimed back, as per the counter-claim filed, the security amount of Rs. 20,000.00 which as per the appellant/defendant was not paid to him by the respondent/plaintiff when the suit/tenanted premises were vacated by the appellant/defendant. The subject suit came to be filed which was for amount of arrears of rent from 1.10.2001 till the filing of the suit on 3.9.2003 at the rate of Rs. 4,100.00 per month totalling to Rs. 90,200.00 with other charges being claimed towards legal notice and court fees.

(3.) Appellant/defendant in the written statement took up the same case which was taken up in the Replies given by the appellant/defendant dated 30.5.2002 and 30.7.2003 that the suit premises were already vacated in Oct. 2001, and therefore, no rent was payable as claimed by the respondent/plaintiff.