BAL KRISHAN Vs. MUNICIPAL COMMITTEE

JUDGEMENT

(1.) On 5th April, 1964, the Municipal Committee of Panipat, District Karnal, leased cut a shop, situate on the Grand Trunk Road, to Bat Krishan for Rs. 230/- per month. According to the Committee, Bal Krishan got into its Possession on 1st December, 1964, and paid Rs. 690/- in advance towards the rent of the said shot). Subsequently, an amount of Rs. 1,840/- became due from him as arrears of rent and that also was paid by Bat Krishan. The rent was later on 26th July, 1967, reduced to Rs. 200/- per mensem and this reduction had to take effect from 1st December, 1965. According to the Committee, an amount of Rs. 5,400/- became due from Bal Krishan as arrears of rent from 1st December, 1965, to 29th February, 1968. The suit was brought by the Committee on 30th October, 1968, for the recovery of this amount and in the plaint it was specifically said that this amount represented the arrears of rent.

(2.) The suit was resisted by the defendant, who pleaded that he had never gone into possession of the said shop. Be also contended that no valid contract of tenancy, as required by sections 46 and 47 of the Municipal Act, had been entered into by the Municipal Committee with him, with the result that there was no relationship of landlord and tenant between the parties and no suit for the recovery of arrears of rent could, therefore, lie against him.

(3.) On 22nd August, 1970, an application under Order 6 rule 17, Code of Civil Procedure, for the amendment of the plaint was filed by the Committee, because the applicant, in the alternative, wanted to claim the said amount as damages for use and occupation of the premises.