RAJESH NIRANJAN SINGHANIA Vs. SURAJMAL KARNIDANJI DHADIWAL

JUDGEMENT

(1.) Parties in both these writ petitions are common and some questions of facts are also common. Therefore, these petitions may be disposed of by the common judgment.

(2.) Rule. Rule made returnable forthwith. With consent of the learned counsel for both the parties, the petitions are taken up for final hearing, immediately.

(3.) Admitted, facts are that the present petitioner is the tenant and deceased Surajmal was the landlord. Respondents in both the petitions are legal heirs of said Surajmal. The petitioner was inducted as a tenant in the suit premises admeasuring about 1500 sq. ft. on 1-4-1996 and he started his Nursing Home in name and style as "Shubham Nursing Home". As per the terms of the agreement, the petitioner was to pay amount of Rs. 3000/- towards rent for use and occupation of the premises, Rs. 2500/- towards the facility of Well and uninterrupted water supply to the Nursing Home and Rs. 2500/- towards service charges for fittings and fixtures. The petitioner made this payment up to 31-3-1998. Surajmal, who was the landlord, had filed two suits against the petitioner/defendant. Civil Suit No. 194 of 1999 was filed by him for recovery of amount of Rs. 1,12,001.52 Ps. towards arrears of rent, service charges, water charges and Corporation taxes. According to him, as per the agreement, the rent was to increase by 5% after two years and therefore, the defendant/petitioner was liable to pay rent for the use and occupation of the premises at the rate of Rs. 3,150/-, Rs. 2625/- towards water charges and Rs. 2625/- towards service charges for fittings and fixtures. Besides this, the defendant is also liable to pay corporation taxes. According to the plaintiff, for the period from 1-4-1998 to 30-6-1999, the defendant was to pay rent at the rate of Rs. 8400/- per month on all three heads and thus amount of Rs. 1,26,000/- was to be paid by him. Besides this, amount of Rs. 64,101.22 ps. was due towards Corporation taxes. He also claimed amount of Rs. 1000/- towards notice charges. According to him, the total amount due was Rs. 1,91,801.22 Ps. However, out of that, the defendant had paid amount of Rs. 79,800/- and hence the claim of Rs. 1,12,001.22 Ps.