MOHD. SHAHID Vs. SMT. NOOR JAHAN AND OTHERS

JUDGEMENT

(1.) Heard learned Counsel for the appellant and also perused the record.

(2.) This is a defendant second appeal which arises out of the judgment and decree dated 10.11.1999 whereby the suit filed by the contesting respondent No. 1 was decreed against the appellant and the decree dated 22.8.2000 whereby appeal filed by the appellant was dismissed.

(3.) It appears that the respondent No. 1 filed a suit for ejectment and recovery of rent on the ground of default. It was pleaded and inspite of service of notice of demand and termination of tenancy, the appellant did not vacate the building in question nor paid the rent within the statutory period, therefore, there was no option except to file a suit for recovery of rent, damages and for possession. The suit was contested by the defendant-appellant pleading that he was not a defaulter. It was also pleaded that the rent of the building used to be paid to the sons of the respondent No. 1, that the rate of rent was Rs. 25/- per month and not Rs. 125/- per month as claimedby the plaintiff-respondent. On the basis of the pleadings of the parties, trial Court framed relevant issues. Parties produced evidence, oral and documentary, in support of their case. The trial Court recorded on the relevant issues in favour of the plaintiff-respondent. It was held that inspite of service of notice of demand and termination of tenancy, the amount of rent was not paid by the defendant-appellant within the statutory period. He, therefore, committed default in payment of rent. It was also held that there existed relationship of landlord and tenant between the parties as the building in question was purchased by the plaintiff-respondent from her husband. On other issues, also, the findings were recorded in favour of plaintiff-respondent and the suit was decreed by judgment and decree dated 10.11.1994. Challenging the validity of the said decree, appellant filed Civil Appeal No. 3 of 1995. The Appellate Court also affirmed the findings recorded by the trial Court and dismissed the appeal by its judgment and decree dated 22.8.2000. Hence, the present second appeal.