ALOK KUMAR SHARMA Vs. T.HEMALATHA

JUDGEMENT

(1.) The defendant in O.S.No.2078 of 2006 on the file of the court of X Junior Civil Judge, City Civil Court, Hyderabad is the appellant herein.

(2.) The suit was one filed for eviction of the defendant from the suit schedule property. The allegations in the plaint goes to show that the defendant is the tenant of the plaintiff, which is a residential building, on a monthly rent of Rs.5000/- per month from October-2003 for a period of two years initially. There was also an agreement for enhancing the rent @ 10% for every two years. The defendant was irregular in payment of the rents and in spite of repeated demands and also a notice, he did not pay the money. The tenancy was terminated by a notice dated 22-12-2005. The suit premises is situated in a prime locality and would be fetched a rent of not less than Rs.8000/- per month. The defendant was in arrears of rent of Rs.35,000/-.

(3.) The defendant filed a written statement admitting the tenancy and also the rent of Rs.5000/-. The rents were paid regularly to the plaintiff or her husband by way of account payee cheques. No default was committed by the defendant. In fact, three cheques were sent for the month of September to November- 2005 but they were not collected by the plaintiff. The notice under Section 106 of the Transfer of Property Act,1882 (for short "the Act") was not served on the defendant. The rental value as claimed by the plaintiff is not true. Consequently, the defendant pleaded for dismissal of the suit.