SHOBHA SHRICHAND KUNGWANI Vs. HASAN

JUDGEMENT

(1.) Rule. Rule made returnable forthwith and heard the learned Counsel for the parties at the stage of admission itself.

(2.) The petitioner - original defendant is aggrieved by the judgment and decree dtd. 16/2/2021 passed by the Ad hoc District Judge - 3, Nagpur, in Regular Civil Appeal No. 284/2019. By said judgment, the Appellate Court allowed the appeal, thereby set aside the judgment and decree dtd. 30/4/2019 passed by the Additional Judge, Small Causes Court, Nagpur, in Regular Civil Suit No. 196/2015.

(3.) The respondent - plaintiff had filed a suit for recovery of possession, arrears of rent, occupational charges and permitted increase. The subject matter of the suit is/was a shop block admeasuring 44 square feet situated on ground floor in two storied building bearing house no. 688, ward no. 44, Bhandara Road, Itwari, Nagpur. The respondent averred that the petitioner was paying monthly rent of Rs.770.00 and municipal tax of Rs.1212.00 per year. The respondent then claims that the petitioner was duty bound to pay monthly rent along with 4% increase from 1/4/2000 to 1/4/2014. According to the respondent, the petitioner was in arrears of rent with enhanced rent and permitted increase to the tune of Rs.21597.58 Paise and further has also not paid municipal taxes for the period from April - 2006 to March - 2014 amounting to Rs.9,696.00. The respondent then states that he issued notice dtd. 28/10/2014 calling upon the petitioner to pay arrears of rent for the period from 1/3/2014 to 30/9/2014 along with permitted increase or in the alternative to vacate the suit shop. The petitioner did not comply the notice and, therefore, the suit came to be filed, which was contested by the petitioner by filing written statement.