BASHIRAN Vs. A.D.J., JHANSI

JUDGEMENT

(1.) Heard Sri Arvind Srivastava, learned counsel for tenant petitioner and Sri Rashtrapati Khare, learned counsel for landlord respondent.

(2.) This is tenant's writ petition arising out of suit for eviction instituted by landlady respondent No.3, Smt. Uma Devi against the petitioner in the form of S.C.C. Suit No.33 of 1998. J.S.C.C. Jhansi decreed the suit for eviction and recovery of arrears of rent on 02.04.1999. Against the said decree tenant petitioner filed S.C.C. Revision No.45 of 1999, which was dismissed by A.D.J. Court No.1, Jhansi on 03.04.2006 hence this writ petition.

(3.) The suit was filed on the ground of default. Rate of rent according to the landlady is Rs.20/- per month and according to the tenant Rs.15/- per month. Initially Sri Umashanker Pathak was owner landlord of the accommodation in dispute. He sold the property to respondent No.3 on 10.01.1996. Respondent No.3 gave notice to the petitioner on 18.11.1996 and filed the suit giving rise to the instant writ petition on 15.04.1998. The tenant pleaded that earlier Umashanker Pathak had filed S.C.C. Suit No.10 of 1989 against the petitioner stating that the rate of rent was Rs.15/- per month hence it categorically proved that the rate of rent was Rs.15/- per month. Tenant further pleaded that respondent No.3 nowhere stated that when it was enhanced from Rs.15/- to 20/- per month. In the plaint of the suit in question it was stated that rent was due since 06.10.1989. The landlady respondent No.3 in her oral statement copy of which is Annexure-11 to the writ petition stated that as through the sale deed dated 10.01.1996 previous owner landlord had transferred five houses to the petitioner and in the sale deed it had been stated that the total rent of the five houses was Rs.100/- per month, hence she understood that the rent of each house including the house in dispute was Rs.20/- per month. In my opinion this is not the way of proving the rate of rent.