BRIJENDRA KUMAR JAIN Vs. NIRMAL KUMAR JAIN

JUDGEMENT

(1.) Heard Sri Sanjiv Kumar, counsel for the petitioner, Sri Sanjay Agrawal appearing for caveator-respondent and perused the record.

(2.) Facts of the case in nutshell are that plaintiff landlord, Nirmal Kumar Jain-respondent in this petition, instituted SCC suit No. 31 of 2008 Nirmal Kumar Jain v. Brijendra Kumar Jain, for eviction of the petitioner from shop No. 2 situated at 30/136, Khanna Gali, Chhipitola, Agra, on the ground that tenant has defaulted in payment of rent since January 1999 despite demand having been made by the landlord on a number of occasions. It was also averred in the plaint that suit property was needed by the plaintiff for the need of his son and that tenancy of the tenant petitioner has been terminated through notice which has been personally served upon him; that the shop in dispute is situated in heart of the city and has potential of being let out at the rate of Rs. 1000/ - per month which may be awarded alongwith means profit for use by the tenant in the aforesaid circumstances.

(3.) The tenant petitioner contested the suit by filing his written statement on 18.8.2008, inter alia that the shop in question was let out to him on 15.3.1973 at the rate of Rs. 50/ - per month alongwith another shop being shop No. 4; that no water tax was payable as there was no water connection in the shop for utilisation by the petitioner and the allegation that the petitioner had defaulted in payment of the rent is incorrect, as a matter of fact he has regularly paid the agreed rent but the plaintiff landlord had not issued any receipt with regard to payment of rent.