PROMILA KUMAR Vs. PAWAN KUMAR AND OTHERS

JUDGEMENT

(1.) Defendant/appellant is in second appeal against the judgements and decrees passed by the courts below whereby the suit of the plaintiffs/respondents for possession by way of ejectment of the defendant/appellant was decreed by the trial court and the appeal filed by the defendant/appellant was dismissed by the appellate court.

(2.) Facts necessary for the decision of the present appeal are that respondents/plaintiffs filed a suit for possession by way of ejectment of appellant/defendant from the rented premises on the ground of unauthorised occupation of the rented premises after the expiry of the lease period. It was alleged that the rented premises was leased out to the defendant/appellant vide registered lease deed dated 10.9.2007 for a period from 1.5.2007 to 30.4.2008 at the monthly rent of Rs.15,000/- and after the expiry of lease period, despite repeated requests, including legal notice dated 16.6.2008 terminating the tenancy, the defendant/appellant failed to vacate the premises. It was further alleged that defendant/appellant had not paid rent for the period from 1.5.2007 to 31.7.2007 and 1.5.2008 to 31.5.2008, totalling Rs.1,05,000/- and that after termination of tenancy she was liable to pay the mesne profit @ Rs.25,000/- per month. Illegal construction of a shed by the defendant/appellant in the backside courtyard of the rented premises was also alleged.

(3.) Upon notice of the suit, defendant filed written statement admitting the execution of the lease deed. It was further stated that plaintiffs/respondents had permitted defendant/appellant to use the shed constructed at the backside of the courtyard and that she was being compelled to increase the rent from Rs.15,000/- per month to Rs.35,000/- per month and the suit had been filed only to harass her.