RAM KHILAUNI Vs. VIMAL KUMAR

JUDGEMENT

(1.) Heard Shri Swapnil Kumar, learned counsel for the petitioner and Shri H.M. Srivastava, learned counsel for the respondent.

(2.) The instant revision arises out of SCC Suit No. 01 of 2004 for eviction on the ground of default in payment of rent. Damages for use and occupation of the building in question was also sought. The plaint case is that the defendant was tenant of the premises in question at the monthly rent of Rs. 1000/- per month and had defaulted in payment of rent since 01.07.1994. The notice dated 08.12.2003 was served upon him. Even after expiry of 30 days of the period provided in the notice, the rent was not tendered, hence, the cause of action for filing the suit arose.

(3.) In the written statement, the petitioner/defendant had categorically denied the existence of relationship of landlord and tenant. He submitted that he had entered into possession of the premises in question on the basis of an agreement for sale executed on 22.02.1989. It is further stated that the original suit no. 402 of 1992 for specific performance of agreement dated 22.02.1989 was pending consideration before the Civil Court. The defendant had never paid rent to the plaintiff and assertion in the plaint regarding default in payment of rent were false.