PREM CHAND Vs. RAMBHOLI DEVI @ RAM BHOOLI DEVI

JUDGEMENT

(1.) The respondent (decree holder) had instituted Civil Suit (7804/2016) against the appellant (judgment debtor) on 05.09.2013 praying for a decree for recovery of possession, arrears of rent and mesne profits (damages) in respect of premises described as a shop on the ground floor of property bearing no. 592/22-B, Nakul Gali, Vishwas Nagar, Shahdara, Delhi- 110032 (herein after referred to as suit shop).

(2.) The decree holder claimed and the judgment debtor admitted that she was landlady in respect of the suit shop, he being a tenant therein, the tenancy having been created by a rent deed dated 01.07.2003 which was proved at the trial as Ex. P7. The case of the decree holder (plaintiff) was that though the initial rate of rent was fixed at Rs. 2500/- per month and the tenancy at that stage was created for a period of eleven months, it was renewed from time to time by written rent agreements, lastly it having been renewed by a rent deed dated 01.05.2011 (Ex. P2), the rate of rent settled at that stage being Rs. 4400/- per month.

(3.) The suit was contested by the judgment debtor (defendant) on various grounds, his prime contention being that the rate of rent has remained @ Rs. 2,500/- per month only. His claim was that he was not in arrears of rent w.e.f. 01.04.2012 and has paid rent till June, 2013 (as was alleged). He contended that the rent at the said settled rate had been tendered but refused to be accepted by the landlady. The defendant also contested the case by claiming that jurisdiction of the civil court was barred under provisions of the Delhi Rent Control Act, 1958, this in view of his contention as to the rate of rent.