REGENT COMPUTRONICS PVT. LTD.

MOTIRAM Appellant

V/S

Om Prakash Bharadwaj Respondents

Referred Judgements :-

D.N. BANERJI V. P.R. MUKHERJEE [REFERRED TO]
WARYAM SINGH VS. AMARNATH [REFERRED TO]
NIBARAN CHANDRA BAG VS. MAHENDRA NATH CHUGHUL DECEASED AFTER HIM HIS HEIR AND LEGAL REPRESENTATIVE [REFERRED TO]
RUKUMANAND BAIROLIYA VS. STATE OF BIHAR [REFERRED TO]
GUJARAT STEEL TUBES LIMITED VS. GUJARAT STEEL TUBES MAZDOOR SABHA [REFERRED TO]
MOHAMMAD YUNUS VS. MOHAMMAD MUSTAQIM [REFERRED TO]
LAXMIKANT REVCHAND BHOJWANI VS. PRATAPSING MOHANSINGH PARDESHI [REFERRED TO]
RELIANCE INDUSTRIES LIMITED VS. PRAVINBHAI JASBHAI PATEL [REFERRED TO]
PEPSI FOODS LIMITED VS. SPECIAL JUDICIAL MAGISTRATE [REFERRED TO]
RENA DREGO VS. LALCHAND SONI [REFERRED TO]
CHANDRABHUSHAN VS. BENI PRASAD [REFERRED TO]
VIRENDRA KASHINATH RAVAT VS. VINAYAK N JOSHI [REFERRED TO]
SAVITA CHEMICALS PRIVATE LIMITED VS. DYES AND CHEMICAL WORKERS UNION [REFERRED TO]
SAVITRABAI BHAUSAHEB KEVATE VS. RAICHAND DHANRAJ LUNJA [REFERRED TO]
AJAIB SINGH VS. SIRHIND CO OPERATIVE MARKETING CUM PROCESSING SERVICE SOCIETY LIMITED [REFERRED TO]
UNION OF INDIA VS. HIMMAT SINGH CHAHAR [REFERRED TO]
MOHAN AMBA PRASAD AGNIHOTRI VS. BHASKAR BALWANT AHER DEAD [REFERRED TO]
INDIAN OVERSEAS BANK VS. I O B STAFF CANTEEN WORKERS UNION [REFERRED TO]
STATE OF MAHARASHTRA VS. MILIND [REFERRED TO]
UNION OF INDIA VS. RAJENDRA PRABHU [REFERRED TO]
ESTRALLA RUBBER VS. DASS ESTATE PRIVATE LIMITED [REFERRED TO]
UNION OF INDIA VS. R K SHARMA [REFERRED TO]
OUSEPH MATHAI VS. M ABDUL KHADIR [REFERRED TO]
SURYA DEV RAI VS. RAM CHANDER RAI [REFERRED TO]
JASBIR SINGH VS. STATE OF PUNJAB [REFERRED TO]
ABDUL RAZAK VS. MANGESH RAJARAM WAGLE [REFERRED TO]
SHALINI SHYAM SHETTY VS. RAJENDRA SHANKAR PATIL [REFERRED TO]
TGN KUMAR VS. STATE OF KERALA [REFERRED TO]
KOKKANDA B POONDACHA VS. K D GANAPATHI [REFERRED TO]
BANDARU SATYANARAYANA VS. IMANDI ANASUYA [REFERRED TO]
COMMANDANT 22 BATTALION VS. SURINDER KUMAR [REFERRED TO]
DALMIA JAIN AIRWAYS LTD. VS. SUKUMAR MUKHERJEE [REFERRED TO]

JUDGEMENT

(1.) This writ petition under Art. 226 of Constitution of India has arisen from judgment and order dated 27.01.2006, Anenxure 12 to the writ petition passed by Additional District Judge Court No.1, Banda, dismissing SCC Revision No. 50 of 2004 of the petitioner and confirming the judgment dated 27.10.2004 , passed by the Judge Small Cause Court in SCC Suit No.13 of 1983.

(2.) Petitioner is a tenant in the disputed premises comprising of shop no. 7 which is a part of House No. 152/7. It is owned by respondent Om Prakash Bhardwaj (hereinafter referred to as "the landlord"). The petitioner tenant claimed that monthly rent of disputed shop was Rs. 90.00 while the landlord claimed it to be Rs. 120.00 per month. A notice dated 14.07.1983 was given by landlord stating that the petitioner tenant has failed to pay rent @ Rs. 120.00per month, since June 1982. therefore, he was required to pay arrears of rent and also to vacate the premises since on account of default, his tenancy was determined.

(3.) The petitioner tenant contested the matter by giving reply dated 12.08.1983 stating that monthly rent was only Rs. 90.00 and not Rs. 120.00 as claimed by him. He also said that rent at the rate of Rs. 90.00 per month for the period 1.6.1982 to 31.8.1983 has been sent by money order and, therefore, there is no default. Respondents, however, instituted Suit No. 13 of 1983, seeking ejectment of petitioner tenant from the disputed premises, on the ground of default. (A true copy of plaint of SCC Suit No. 13 of 1982 is annexed as Anenxure 3 to the writ petition). It was contested by petitioner by filing written statement wherein it was reiterated that rate of rent was Rs. 90.00 and not Rs. 120.00.

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MOTIRAM Vs. OM PRAKASH BHARADWAJ

Referred Judgements :-

JUDGEMENT

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