JAIN CHARITABLE Vs. KHARATI LAL

JUDGEMENT

(1.) These three petitions have an element of conceded commonness on point of controversy. The tenants (hereinafter referred to as 'the respondents') are in occupation of tenanted premises under the same landlord i.e. the petitioner. The petitioner applied for ejectment of the respondents to these petitions on a plea of non payment of rent. The averment, in the context, was that rent was payable at the rate of Rs. 600/- per month in terms of a documented rent agreement (Ex.A-1).

(2.) The plea raised by the respondent was that rent payable was at the rate of Rs. 300/- per month. Qua the execution of rent note Ex.A-1, the averment made was that the signatures of the respondent had been obtained upon a blank stamp paper on a presentation that those (blank stamp papers) had been handed over to the petitioner "for getting the rent note executed at the rate of Rs. 300/- per month".

(3.) Qua house tax, the averment made by the petitioner was that it was payable in addition to the rent at the rate of Rs. 600/- per month whereas the presentation on behalf of the respondents was that the amount of Rs. 300/- per month included the house tax..