S S KAPOOR Vs. SANJAY

JUDGEMENT

(1.) The present revision is at the instance of a defendant of J.S.C.C. Suit No.7 of 1981 and is directed against the judgment and order dated 11th of January, 1991 passed by the IXth Additional District Judge, Meerut whereby the said suit for ejectment of the defendant who is applicant herein from the three shops has been decreed. The decree for recovery of Rs. 13,600/- as arrears of rent for the period 23-1-1978 to 22-11-1980 and for mesne profit has also been passed, The claim for pendente lite and future mesne profit at the rate of Rs.400/- per month has also been decreed subject to the payment of court fees on the execution side. The aforestated suit was instituted by four plaintiffs for ejectment of the defendant applicant from three shops situate in the property No. 194, Delhi Road, Meerut on the allegations that the defendant is a tenant on a monthly rent of Rs.400/- and is in arrears of rent from 1st of December, 1975 and has failed to pay the rent in spite of repeated demands, whose tenancy has been determined by a notice served on him on 23-10-1980. The plea of subletting of the shop was also raised. During the pendency of the suit the plaintiff No. 1 Smt. Kiran Wati expired and was substituted by her heirs and legal representatives. The plaintiffs No.2 and 3 transferred their shares in the property to the plaintiffs Nos.5 and 6 who were added subsequently by the order dated 9th of January, 1987.

(2.) The suit was contested by filing written statement with the plea that the rate of rent was Rs. 250/- per month and the defendant was not defaulter in payment of rent. The payment of rent made by the defendant is duly entered in his accounts book maintained by him in the ordinary course of business. Moreover, on the date of service of the notice, the defendant was not in any arrears of rent and as such the suit is not maintainable.

(3.) On the basis of the pleadings of the parties, the following issues were framed :-