SMT. REKHA SINGHAL Vs. SMT. REKHA CHOUBEY

JUDGEMENT

(1.) This civil revision is directed against the judgement/decree passed by the Judge, Small Causes in S.C.C. Suit No. 42/2002, decreeing the suit for eviction and arrears of rent against the revisionist. There is no outstanding current liability insofar as damages in terms of the impugned decreed is concerned, however, arrears of rent deposited before the court below are allowed to be withdrawn by the opposite parties subject to the observations made hereunder.

(2.) Sri H.G.S. Parihar, learned senior counsel for the revisionist assisted by Sri Abhijit Raj, has very aptly put forth his arguments on the aspect of alleged default in the payment of rent by drawing attention of the Court to the contradictory statement made by the landlady in her cross-examination, which according to him constituted an admission on her part as regards receipt of rent contrary to what the statement of notice determining tenancy was based on. 3. The other aspects of the matter were also argued at length.

(3.) Sri Mohd. Shakeel, learned counsel appearing for the opposite party drawing attention of the Court to the same cross-examination, has explained that the statement so made is bound to be understood as a whole and in the last part of the statement, the landlady has clearly supported the case set up in the notice.