DINESH CHANDRA Vs. KRISHNA KUMAR GOEL

JUDGEMENT

(1.) Heard Sri K.N. Tripathi, learned senior counsel assisted by Sri N. Shukla, learned counsel for tenant applicant and Sri Nipun Singh learned counsel for landlord respondent.

(2.) This is tenant's revision directed against judgment and decree dated 29.03.2013 passed by J.S.C.C./ A.D.J., Court No.9, Kushinagar in S.C.C. Suit No.13 of 1997, Krishna Kumar Goel Vs. Dinesh Chandra. Through the said decree, eviction of tenant applicant has been directed and he has also been directed to pay arrears of rent w.e.f. 02.07.1997 to 29.03.2013 at the rate of Rs.3300/- per month after adjustment of Rs.1100/- per month already deposited. Same amount has been directed to be paid till actual eviction. 8% interest per annum on the unpaid rent has also been directed to be paid. It has further been directed that if the building in dispute is not vacated within two months from the date of judgment, then since after two months till actual eviction apart from the rent/ damages for use and occupation at the rate of Rs.3300/- per month, the tenant applicant will be liable to pay Rs.100/- per day more.

(3.) According to the plaint allegation, rate of rent was Rs.3000/- per month and tenant was also liable to pay 10% thereupon, i.e. Rs.300/- per month as house tax as per agreement dated 12.05.1991. The tenant asserted that rate of rent was Rs.1100/- per month.