ALKESH MITTAL Vs. GAINDAN LAL SHARMA

JUDGEMENT

(1.) The Judgment and order passed by the III Additional District Judge, Meerut, acting on Small Cause side dismissing the plaintiff's suit for recovery of Rs. 5155 as arrears of rent and Rs. 280.00 as means profits and ejectment of the petitioner is subject matter of challenge in this revision.

(2.) The plaintiff filed a suit that the premises in dispute were allotted to the defendant on 4-9-72 and took possession of the same on 5-9-72 but had not paid rent despite service of notice. The house was constructed in the year 1965 and its first assessment was made on 28th March, 1967 which came into force with effect from 1-4-1967 and under the said assessment the letting value of the house was Rs. 90.00 which was subsequently increased to Rs. 120.00 with effect from 1-4-1976 and the previous tenant was paying rent at the rate of Rs. 150.00 per month and as such the opposite party-defendant was liable to pay rent at the rate of Rs. 150.00 per month and in the alternative was liable to pay rent at the rate of Rs. 90.00 per month.

(3.) The defence of the defendant was that the standard rent was assessed at the rate of Rs. 40.00 per month by the Rent Control and Eviction Officer on his application vide his order dated 22-3-1974. As such he deposited the rent in court after refusal of the same by the plaintiff and there was no default on his part. The maintainability of the suit and jurisdiction of the court were also challenged.