SMT. KAMLA DEVI Vs. SMT. BASSO BEGUM

JUDGEMENT

(1.) By means of the present petition, the eviction decree passed by the JSCC Court is under challenge.

(2.) On the issue regarding the rate of rent of the disputed accommodation, Issue No. 1 was framed by the Court below. Rent receipts were filed by the plaintiff with thumb impression of the defendant/tenant namely Smt. Kamala Devi to prove the rate of rent of the disputed accommodation as Rs.50.00 p.m. The tenant has failed to tender rent and the deposits made under Sec. 30 of the U.P. Act No.13 of 1972 were found in deficit. The Revisional Court also affirmed the order of eviction.

(3.) Challenging the findings recorded by the Court below, the submission of learned counsel for the petitioner is that an Expert Report has been relied upon by the Court below to arrive at the conclusion that the plaintiff had succeeded in establishing the rate of rent as Rs. 50.00 of the disputed accommodation. Submission is that the Court below has erred in relying upon the Expert's Report in view of the specific objection raised by the petitioner regarding his qualification.