YOUNG BIRDS AND ORS. Vs. BHAGWANDAS

JUDGEMENT

(1.) The present First Appeal is arising out of the judgment and decree dtd. 2/12/2011 passed by the V Additional District Judge, Indore in Civil Suit No. 43A/2010.

(2.) Facts of the case reveal that the plaintiff who is the owner of the property situated at Bairathi Colony, Indore ie., Municipal No. 18/1, has rented out a shop to the defendant, admeasuring 8' x 20' on 1/2/1994. It was agreed between the parties that after every three years there will be an enhancement by 15% in the rent. Another shop was rented out to the defendants on 1/4/1998 on a monthly rent of Rs.700.00. It was agreed between the parties that after every 11 months, there shall be an increase by 5% of the rent in respect of the shop which was subsequently rented out on 1/4/1998. It was stated by the plaintiff that the defendants for the last time on 22/5/2006 paid an amount of Rs.2080.00 for the period w.e.f. 1/1/2005 to 30/4/2005, however, in respect of the shop which was given on 1/2/1994, no such enhancement was made and for recovery of the difference of rent (as enhanced from time to time), a request was made to the defendant to pay the arrears of rent. A Notice was sent to the defendants on 26/4/2007 through registered post, however, no reply was given to the plaintiff, on the contrary, on 29/6/2007 a notice was received by the plaintiff in which it was stated by the defendant through his counsel that there was some encroachment in respect of the shop in question and the defendants have incurred expenses to the tune of Rs.2.00 lacs and the same was claimed from the plaintiff by the defendants. The plaintiff, as stated in the plaint, did gave a reply on 18/1/2008 to the defendants in response to their notice dtd. 29/6/2007 and reiterated that the defendants have not paid complete rent to the plaintiff. A claim was made to the tune of Rs.91,708.00 in respect of arrears of rent.

(3.) A Written Statement was filed by the defendants and the defendants have denied title of the landlord.