STATE OF MADHYA PRADESH Vs. KETAKI PATEL

JUDGEMENT

(1.) THIS appeal by the defendants against the judgment and decree dated 16.5.1997 passed by the trial Court by which the suit filed by the plaintiff for recovery of arrears of rent has been partly decreed.

(2.) FACTS leading to filing of the appeal, briefly stated, are that the plaintiff is the owner of the suit property i.e. the house and the adjoining land which was let out to defendant No.1 for the purpose of office of defendant No.3 on 06.11.1981. It was further stated that defendant No.3 started using the land which was not let out. Thereupon, the plaintiff demanded rent in respect of additional open land which was being used by defendant No.3. The plaintiff, thereupon, approached the Rent Controlling Authority who fixed the rent in respect of the aforesaid open land at the rate of Rs.934/ - per month. It was further pleaded that defendant No.1 paid the rent in respect of open land for the 03.5.1988 to 31.3.1989. However, defendants were in arrears of rent in respect of accommodation as well as open land let out to the defendants to the tune of Rs.1,18,876/ -. Accordingly, the suit for recovery of arrears of rent was filed.

(3.) THE defendants filed written statement, in which, inter alia, the claim of the plaintiff was denied. It was further pleaded that the rent has been paid for period 06.11.1981 to 31.3.1990. It was also pleaded that the defendants have already vacated the accommodation in question.