SARVJIT KAUR Vs. GURCHARAN SINGH

JUDGEMENT

(1.) This is second appeal by legal representatives of defendant Surinder Singh (since deceased). Respondent Gurcharan Singh filed suit for possession of the disputed house by ejectment of defendant Surinder Singh therefrom and also for recovery of Rs. 28,000/- as rent and also mesne profits from the date of filing of suit till delivery of possession at the rate of Rs. 1,000/- per month. The plaintiff alleged that the residential suit property situated in Radaur was let out by plaintiff to defendant on monthly rent of Rs. 800/- excluding house tax, on 01.06.2000. It was monthly tenancy. The defendant failed to pay rent since 01.10.2000 till 31.08.2003 i.e. for 35 months, amounting to Rs. 28,000/- at the rate of Rs. 800/- per month. Defendant's tenancy was terminated vide notice dated 29.07.2003, served on the defendant on 30.07.2003, giving him 15 days' time from the receipt of notice. The defendant was asked to vacate the demised property on or before 30.08.2003 and also to pay the arrears of rent, but the defendant failed to do so.

(2.) The defendant, while admitting the relationship of landlord and tenant between the parties, denied the rate of rent being Rs. 800/- per month. It was alleged that rate of rent was Rs. 150/- per month inclusive of house tax. Rent stood paid till 30.06.2003 without receipt. It was also pleaded that provisions of the Haryana Urban (Control of Rent and Eviction) Act, 1973 (in short - the Haryana Rent Act) were applicable to the demised property.

(3.) Learned Additional Civil Judge (Senior Division), Jagadhri, vide judgment and decree dated 08.08.2006, dismissed the suit of the plaintiff. However, first appeal preferred by the plaintiff has been allowed by learned Additional District Judge, Yamuna Nagar at Jagadhri and the suit has been decreed for possession of the disputed room. Decree for recovery of Rs. 28,000/- as arrears of rent since 01.10.2000 till 31.08.2003 at the rate of Rs. 800/- per month has also been passed along with simple interest thereon at the rate of 9% per annum w.e.f. 15.09.2003 i.e. the date of filing of the suit till recovery. Mesne profits at the same rate of Rs. 800/- per month w.e.f. 01.09.2003 till delivery of actual possession have also been granted. The amount paid during the pendency of the suit has been ordered to be adjusted. Feeling aggrieved, the legal representatives of defendant have preferred the instant appeal.