RAM KISHAN Vs. SARSWATI DEVI

JUDGEMENT

(1.) This is defendant's regular second appeal challenging the judgment and decrees of the Courts below whereby the suit of the plaintiff respondent for possession of the shop in question and for recovery of arrears of rent etc. has been decreed with costs.

(2.) In brief, the plaintiff-respondent, who admittedly is the owner of the shop in dispute, filed a suit for possession against the defendant appellant alleging that the aforesaid shop was rented out to him but he proved not to be a good tenant for want of payment of rent regularly and thus, his tenancy was terminated by serving a legal notice under Section 106 of the Transfer of Property Act for handing over the vacant possession of the shop in dispute as the provisions of the Rent Act were not applicable. The arrears of rent and further compensation for use and occupation of the shop was also claimed.

(3.) Upon notice, the defendant-appellant contested the suit raising various legal objections. On merits, the ownership of the plaintiff respondent was admitted. However, it was further admitted that a rent note dated 28.9.1990 was executed by the appellant. However, it was submitted that the same was not acted upon as the appellant was never handed over the possession of the shop in dispute and the aforesaid rent note was a Sham and paper transaction and in fact, the plaintiff-respondent had rented out the shop in dispute to the son of the appellant and since then, he is in possession thereof as a tenant.