KARTAR CHAND Vs. SHANTI DEVI

JUDGEMENT

(1.) THIS is defendants' appeal and has been directed against the judgment and decree dated 29.11.1999, passed by the Addl. Distt. Judge, Panipat, who decreed the two suits of the plaintiff-respondent Ram Lal for possession and for the recovery of the amount as arrears of rent and interest thereupon.

(2.) PLAINTIFF -respondent Ram Lal filed two suits; one bearing RBT No. 1028 of 1994 and the other RBT No. 695. In the main suit No. 1028 of 1994, the plaintiff had alleged that the disputed shop bearing municipal No. 271-B situated in Ward No. 7 was a newly constructed shop and was so constructed in the year 1978. The defendants were in possession of the disputed shop as tenants under the plaintiff. Since, it was a new construction, the agreed rate of rent payable by defendants was Rs. 250/-. The plaintiff did not want to retain the defendants as tenants, therefore, he terminated the tenancy by issuing a notice u/s 106 of the Transfer of Property Act on 11.1.1986. The notice was served upon the defendants on 15.1.1986. In the suit notice, the number of the shop was wrongly typed as 271-A instead of 271-B. In order to avoid all objections and complications, the plaintiff again issued a notice u/s 106 of the Act on 17.12.1986 which was served upon the defendants on 18.12.1986 and the defendants were requested to hand over the vacant possession of the shop in question on the expiry of 15 days and pay the rent w.e.f 1.6.1983 against receipt. The possession of the defendants over the disputed property after the expiry of 15 days was in the capacity of a tenant holding over the possession without the consent of the plaintiff and, therefore, the defendants are liable to vacate the property. The defendants did not pay the rent w.e.f. 1.6.1983 despite the notice. The recovery of rent from June, 1983 to November, 1983 has become time barred, therefore, the plaintiff claimed the rent w.e.f. 1.12.1983 to 30.11.1986 at the rate of Rs. 250/- per month, which comes to Rs. 9,000/-. The plaintiff is also entitled to interest as damages at the rate of 12 % p.a. which comes to Rs. 2,000/- and in all the amount of Rs. 10,000/- has been claimed by way of arrears of rent and interest etc.

(3.) THE plaintiff filed replication to the written statement of the defendants in which he reiterated his allegations made in the plaint while denying those of the written statement. The plaintiff further reiterated that the construction of the disputed shop was completed in the months of February- March, 1978.