ANJU SRIVASTAV Vs. SAURABH BIRLA AND ORS.

JUDGEMENT

(1.) Heard learned counsel for the revision-applicant and Sri Atul Dayal assisted by Sri Ayush Khanna ,advocate.

(2.) The respondents/plaintiff instituted SCC Suit No.8 of 2018 (Sri Saurabh Birlaand and Others Vs. Smt. Anju Srivastava) contending inter alia that respondent no.1 (Saurabh Birla) is the owner of Flat No.32B/T, Third Floor, Dhakre Enclave Dhaulpur House, M.G. Road, Agra. The respondent no.2 (Nitish Kumar Birla) was managing the aforesaid flat on behalf of respondent no.1 as caretaker. The respondent no.2 let out half portion of the above flat towards norther side (hereinafter referred to as 'suit property') to the revision-applicant (hereinafter referred as 'applicant') at Rs.6500/- per month for 11 months commencing from 01.07.2014 to 31.05.2015. The tenancy was, thereafter, extended for a further period of 11 months commencing from 01.06.2015 to 31.04.2016 at the agreed rent of Rs.7200/- per month between the parties. After 31.04.2016, the tenancy was allowed to continue further w.e.f. 01.05.2016 to 31.03.2017 at the agreed rent of Rs.8000/- per month. The applicant was also liable to pay other taxes, electricity charges and society charges. The applicant had paid rent at Rs.8000/- per month upto May, 2016. However, the rent from 01.06.2016 onwards was not paid by the applicant.

(3.) The respondents asked the applicant to pay arrears of rent and taxes, but she on one pretext or the other avoided the payment of rent. However, the applicant made payment of Rs.35,000/- through cheque in March, 2017. Thus, rent of Rs.1,01,000/- from 01.06.2016 upto 31.10.2017 was due after adjustment of Rs.35,000/- paid by the applicant in March, 2017 besides the taxes and other charges on the suit property.