ROHINI VARSHNEI Vs. R B SINGH

JUDGEMENT

(1.) A lease deed was executed on 24. 10. 1996 by Smt. Shakun Vohra, the owner in favour of Ms. Rohini Varshnei as tenant (appellant herein) in respect of second floor of House No. G-72, 2nd Floor, Masjid Moth, residential Scheme, New Delhi consisting of two rooms with one attached bathroom, kitchen, covered verandah, open terrace and servant's bathroom. The lease provided for a rent of Rs. 3,500/-per month for the premises and the fittings and fixtures. The tenant was also liable to pay Rs. 50/- as water charges and electricity charges had to be paid according to the bills received from the authorities.

(2.) SMT. Shakun Vohra executed a registered sale deed dated 21. 11. 2001 in favour of Sh. R. B. Singh (respondent herein) in respect of the said second floor with terrace rights along with undivided, impartible and individual share in the plot measuring 180 square metres.

(3.) THE respondent served a notice through counsel on the appellant dated 09. 05. 2002 informing her about the sale. The notice also stated that the rent being paid was low as per the prevalent rent and notified the appellant to increase the rent by 10 per cent with effect from 21. 06. 2002, which would amount to Rs. 3905/- per month. This notice was replied to by the appellant on 23. 05. 2002 wherein the factum of the respondent being the landlord was denied in view of the absence of any notice. The right to claim increase in rent was also denied. A copy of the sale deed by which the respondent purchased the property was sought for. The counsel for the respondent thereafter vide letter dated 28. 06. 2002 forwarded a copy of the sale deed.