RENU CHANI Vs. N N MISRA

JUDGEMENT

(1.) THIS second appeal under Section 27 of the Andaman and Nicobar islands Rent Control Regulation, 1964 is directed against the judgment and order passed by the learned District Judge, Andaman and Nicobar islands in Misc. Appeal No. 005 of 2006 on 23. 01. 2008 whereby and whereunder the learned Judge of the First Appellate Court dismissed the appeal affirming thereby the order of learned Civil Judge, Senior division dated 1. 6. 2006 striking out the defence against eviction of the defendant/appellant.

(2.) THE suit was instituted by the plaintiffs before the learned trial court for eviction, recovery of arrears of rent and damages. It is the case of the plaintiffs that the defendant is a tenant in respect of suit premises under the plaintiffs according to English calendar month. Originally the contractual rent was Rs. 800/- per month which was subsequently enhanced to Rs. 950/- per month on mutual consent. The defendant had been paying the monthly rent at the rate of Rs. 950/- per month from March, 1993 to january, 1994 and receipts were also granted to her for such payments. But on 21st October, 1994, four money orders from the defendant were received at a time by the plaintiff No. 1 due to sheer inadvertence, each for a sum of Rs. 1,600/- towards the rent purporting to be the rent for the period of eight months from February. 1994 to September, 1994. The arrears of rent as aforesaid is thus being deliberately and mischievously sent by the defendant at the rate of Rs. 800/- per month withholding illegally a total amount of Rs. 1200/- out of the total rent. The suit for eviction was instituted on the ground of default in payment of rent.

(3.) THE defendant filed a written statement contending in para 4 that the defendant paid enhanced the rate of rent at the rate of Rs. 950/- per month under compulsion and severe threat of eviction. The learned trial court vide order No. 45 dated 20. 7. 2004 directed the defendant to deposit the arrears of rent amounting to Rs. 34,200/- to be paid in three equal instalments payable from the month of August, 2004 including the current rent within 15 days of each succeeding month and the petition under section 14 (1) of the Rent Control Regulation was disposed of. On 19. 8. 2004, the plaintiff filed an application for review of the earlier order dated 20. 7. 2004 under Order 47 Rule 1 of Civil Procedure Code and vide order No. 54 dated 6. 9. 2005, the review application was allowed directing the defendant to pay arrears of rent amounting to Rs. 1,26,350/- for the period from August, 1994 to August, 2005 within a month. Thereafter, vide order No. 63 dated 1. 6. 2006, the plaintiff's petition under Section 14 (7) of the Rent Control Regulation was allowed striking out the defence of the defendant against eviction. Being aggrieved by the said order dated 1. 6. 2006, the defendant preferred an appeal before the learned District judge. The learned District Judge vide judgment and order dated 23rd january, 2008 dismissed the appeal. Being aggrieved by the said judgment and order passed by the learned District Judge, the instant second appeal has been preferred by the defendant.