IFTIKAR HUSSAIN Vs. SHARIF AHMAD

JUDGEMENT

(1.) Heard Sri Gulrez Khan, learned counsel for the petitioner and Sri Lalit Kumar for the contesting respondent. This writ petition arises out of a SCC suit for eviction, arrears of rent and damages, filed by the respondent.

(2.) The suit was filed on the allegation that the petitioner was a tenant and Rs.100/- per month and respondent is the landlord. He was also supposed to pay 50% house tax and 50% water tax. The tenant had not paid rent from 01.04.2009. He has also made material alternation in the shop in question. The walls of the shop had been cut to install almirah as a result of which, the wall had developed cracks. The tenancy, which was from month June 2012 had been terminated. Despite service of the notice, the tenant failed to furnish the arrears of rent nor vacated the premises.

(3.) The suit was contested by the petitioner on the ground that he was an extremely old tenant. It was denied that he was liable to pay either house tax or water tax. It was specifically stated that no material alteration has been made by him. The rent from 01.05.2005 to 31.03.2009 had been paid and a receipt in this regard obtained from 1st April 2009 to the year 2012, the rent had been paid but no receipt in this regard was issued on the ground that the receipt book was being printed. In a Civil suit instituted by the petitioner-tenant, the landlord had admitted the tenancy.