SURENDRA KUMAR Vs. KANTA SINGHAL

JUDGEMENT

(1.) Heard learned Counsel for the parties and perused the record. This writ petition under Article 226 of the Constitution of India challenges the orders dated 3.4.2007 passed by Addl. Civil Judge (Senior Division)/Judge, Small Causes Court, Ghaziabad and order dated 28.7.2010 passed by Additional District Judge, Court No. 1, Ghaziabad by which petitioner was directed to pay rent @ Rs. 1000/- per month and vacate the premises in dispute within a month from the date of judgment.

(2.) Brief facts of the case are that the petitioner claimed himself to be a tenant of Sri Jai Prakash in House No. 40/59 situated at Mohalla-Arjun Nagar, Ghaziabad since 1.7.1988 at the rate of Rs. 225/- per month. The aforesaid house was purchased by Smt. Kanta Singhal wife or Narendra Kumar Singhal from Sri Jai Prakash the erstwhile owner by a registered sale-deed dated 26.4.2005. She then informed the petitioner to pay the rent of said house to her. The petitioner then started to pay the rent as he was paying it to erstwhile owner. Subsequently, Smt. Kanta Singhal instituted suit No. 15 of 2006 before Judge, Small Causes Court, Ghaziabad for arrears of rent and eviction for the period 1.4.2003 to 31.1.2004. The suit was decreed by order dated 3.4.2007 directing the petitioner to vacate the accommodation in his possession for payment of the arrears of rent amounting to Rs. 10,133/- as well as Rs. 1000/- per month from the date of filing the suit.

(3.) The suit was contested by the petitioner claiming that since rent receipts were not issued, therefore, he was not on default in payment of its dues. It was further pleaded by the petitioner that signatures on blank papers had been taken for the purpose of preparation of receipt No. 47-Ga.