INJANABAI Vs. RAMNIVAS MITTAL

JUDGEMENT

(1.) THIS order shall dispose of Civil Revision No. 153/93, filed by plaintiff-landlord and Civil Revision No. 233/93 filed by the defendant-tenant. Both these revisions arise out of the dated order 15.4.1993 of XIth Additional District Judge, Indore, passed in Civil Suit No. 12-A/92, whereby the payment of Rs. 16,800/- towards the arrears of rent has been accepted and the defendant has been directed to pay rent at the rate of Rs. 770/- p.m. from 1.1.1992.

(2.) THE brief history of the case is that plaintiff Injanabai is the landlord of the suit house. Defendant entered into a contract of tenancy by a written agreement dated 16.3.1998, whereby he took possession of the suit accommodation on a rent of Rs. 700/- p.m. The plaintiff filed a suit on 3.2.1992 for eviction on the ground that she needs the accommodation for her son Jaikishan who wants to run a shop of steel furnitures. It was also pleaded that the defendant is in arrears of rent from 1.2.1990 i.e. Rs. 9,800/- from 1.2.1990 to 31.3.1991 @Rs. 700/- p.m. and Rs. 6,930/- from 1.4.1991 to 31.12.1991 @Rs. 770/- p.m. It was also pleaded that the contract of tenancy between the parties provided that the tenant takes the house for ten months and in case he continues in possession there will be increase of rent @ 10% after the expiry of three years and that three years completed on 15.3.1991. However, the plaintiff has received rent for 15 days earlier as such claim of rent @ Rs. 770/- p.m. was made w.e.f. 1.4.1991.

(3.) THE plaintiff-landlord has filed revision No. 153/93 on the ground that the payment of rent by defendant has wrongly been accepted and further that the date of payment of enhanced rent has been arbitrarily taken to be 1.1.1992 as against 1.4.1991. Civil Revision No. 233/93 has been filed by the defendant on the ground that the learned trial Court erred in giving direction of payment of enhanced rent, i.e. at the rate of Rs. 770/- p.m.