SAEED AHMAD Vs. JAFAR ALI

JUDGEMENT

(1.) Heard Shri Siddharth, learned counsel for the petitioner and Shri Shahroze Khan, learned counsel for the respondent. With the consent of learned counsel for the parties, the present petition has been heard for final disposal at this stage of admission itself.

(2.) In the suit for eviction filed by the respondent, it is averred that the defendant had defaulted in payment of rent from March 1993 till October 2008. A notice demanding rent was served upon a defendant on 26.6.2001 and further another notice was sent on 6.11.2008. The rent from March 1993 onwards was demanded, however, the defendant has failed to tender rent and, therefore, cause of action for filing the suit arose.

(3.) On issue no. 1 as to whether the defendant had defaulted in payment of rent it was recorded by the trial Court as also the revisional Court that there is an admission of the defendant in the written statement to the effect that rent for the last three years was due to the plaintiff. The defendant had failed to establish that after service of notice on 26.6.2001 rent was tendered to the plaintiff. As the defendant had failed to prove that he had tendered rent to the plaintiff after March 1993 it was held that the defendant had defaulted and the rent is due from March 1993.