AGRAWAL MEDICAL AGENCIES Vs. GOVIND PRASAD

JUDGEMENT

(1.) Being aggrieved by the judgment and decree dated 21st April, 2005 passed by the 11th Additional District Judge, Bhopal in Civil Suit No. 25-A/2002 decreeing the suit in part only for arrears of rent, the plaintiff has filed this appeal under Section 96 of the Code of Civil Procedure seeking decree of eviction and arrears @ 10% increase after every two year. Plaintiff's case in brief is that plaintiff-appellant M/s Agrawal Medical Agencies is a registered partnership firm, wherein Ashish Agrawal, Ramesh Agrawal, Shyamlal Ji Agrawal and Smt. Indira Bai Agrawal are the partners. The defendant is the tenant of M/s Agrawal Medical Agencies of the Shop No. ,27, Jumerati, Bhopal according to the lease deed executed on 12-4-1993 at the rate of Rs 2500/- per month. As per the terms of lease deed after every consecutive two years rent may be enhanced @ 10%. It is further said that w.e.f. 1-4-1999 rent at the rate of Rs 3327/- is due against defendant which has not been paid upto 31-8-2000, total thereof comes to Rs 26567.50. Even after notice of demand, rent was not paid, however Rs 19137/- fell further due till the date of filing the suit. Thus, decree of eviction and arrears of rent by increased rate along with mesne profits was prayed for.

(2.) The defendant by filing his written statement denied the existence of the registered partnership firm. It is said that the firm is not a registered one and the suit has been filed by the person who is authorised by the unregistered firm, which is not maintainable. The lease deed executed was only for the five years, thereafter, it has been non-operational against defendant. It is also said, on account of the loss in business and poor financial status defendant was assured by Mr. Ramesh Agrawal, one of the partner to firm, that the rent shall not be enhanced from Rs 3025/-, however, the defendant is the tenant by the said rate from 1999, and the rent by the said rate has been deposited on 22-4-2000, however, he is not in arrears thus the decree of eviction may be refused. It is also stated that advance rent of three months deposited by the defendant is with the plaintiff which has not been adjusted. The notice for payment of rent has not been served, therefore, the suit asking decree of eviction cannot be decreed.

(3.) During course of hearing, not disputed facts are that the defendant is the tenant of Shop No. . 27, Jumerati, Bhopal, as per the lease deed (Exh. P-2). There is landlord-tenant relationship between them to the said shop w.e.f. 12-4-1993, and the period leased is for five years. The tenancy starts from 1st day of every English month and tenant has to pay the monthly rent of Rs 2,500/- and every after two year increase of rent shall be @ 10% till expiry of the period of lease, i.e., five year.