DHARAM VIR Vs. SURINDER PAL SINGH

JUDGEMENT

(1.) The landlord, who sought for an eviction on the ground that the tenant had not made the rent as agreed by him and met with recurrent failures before the Courts below, is the revision petitioner before this Court.

(2.) The contention of the petitioner was that the tenant had agreed to pay Rs.550/- per month and there was an exemption of Rs.50/- if the rent was paid before the 10 th day of every month. The rent had been received by him periodically without default upto 01.11.1988 when, according to him, as per the terms of the rent note, the tenant became liable to pay 15% increase over the existing rent by having to pay Rs.632.50 after 3 years. He did not pay the increased rent as found in the rent note and this, according to him, had amounted to a default and that he was liable for eviction.

(3.) The rent note was admittedly unregistered and had been signed only by the tenant. The terms of the rent note provided that the lease was for a period of 11 months but the same document also contained a recital that there would be an increase by 15% after 3 years. The Courts below found that this document must be taken as a lease with the provision for a period in excess of one year and being unregistered document, it did not operate to create a lawful lease. The claim for enhancement on the basis of terms of such an unregistered document was found to be untenable.