IRFAN AHMAD Vs. PARMESHWARI DEVI

JUDGEMENT

(1.) Having heard the rival contentions on the question of admission, it emerges out that shop no. 7 at Landhora House, Mussoorie was rented out to the revisionist herein w.e.f. 1.2.2010 up till 31.12.2010, viz. for 11 months. Although the revisionist Irfan Ahmad had already taken possession of the premises, but formally the tenancy started from and for the period as indicated above and the terms of agreement were reduced in writing on 27.5.2010 revealing the monthly rent @ Rs. 4500/- for the valid tenancy. It was also stipulated that in case after having the tenancy terminated as per the clauses of such agreement, if the tenant does not vacate the shop in question, then he shall be liable to pay mesne profit/damages @ Rs. 10,000/- per mensem.

(2.) The tenant after the expiry of the period did not honour the conditions of the agreement vis-à-vis to the payment of damages nor vacated the premises. So, notice was issued under Section 106 of the Transfer of Property Act on 5.3.2011 claiming the rent from August 2010 to December 2010 and then damages at the rate, as mentioned hereinabove.

(3.) Reply to such notice given wherein the defendant/revisionist admitted his signatures on the said agreement, which was reduced in writing on 27.5.2010, but disclosed that these signatures were forcibly taken from him. It was further stated that he was not sufficiently literate one to understand the meaning and nature of such agreement. It was also admitted that he had paid the rent up to November 2010, and from December 2010 up to April 2011, cheque was sent along with the reply of notice.