LAWS(ALL)-1999-4-165

MOHD JAVED Vs. RUKMINI DEVI

Decided On April 26, 1999
MOHD.JAVED Appellant
V/S
RUKMINI DEVI Respondents

JUDGEMENT

(1.) This revision has been preferred against the judgment and order dated 29.1.1999 passed by the then District Judge, Muzaffar Nagar in Small Cause Court suit No. 2 of 1998 decreeing the suit of the plaintiff/opposite party for ejectment of the applicant from the property in suit and for arrears of rent and damages at the rate of Rs. 900/- per month.

(2.) The opposite party filed a S.C.C. suit No. 2 of 1998 against the applicant for his ejectment and arrears of rent and damages mainty on the ground that she is land lady of the disputed shop of which the applicant had been tenant on monthly rent of Rs. 900/-. The applicant fell in arrears of rent from February, 1996. A notice of demand and ejectment was served upon him, but neither he paid the rent nor vacated the disputed shop, hence the suit. Heard the learned counsel for the parties.

(3.) The applicant/defendant admitted his tenancy in respect of property in question, but contested the suit on the ground that rate of rent was Rs. 200/- per month, he did not commit any default in payment of rent and notice was Invalid and suit was bad for non joinder of necessary parties.