RAJEEV MITTAL Vs. M/S HIMANSHU HANDLOOM

JUDGEMENT

(1.) Due to COVID-19 situation, the Court is convened through video conference.

(2.) The brief facts are that complainant-Rajeev Mittal (appellant) on 16/7/2012 entered into a tenancy agreement with Himanshu Chug (for short'respondent'), the monthly rent was Rs.17,051.00. Payment of six months rent was to be made in advance. On the request of the respondent, by mutual consent on 21/9/2013 the tenancy was terminated. The premises were vacated on 30/9/2013.

(3.) The defence taken by the respondent was that four cheques in lieu of advance payment of rent w.e.f. 1/7/2012 to 31/12/2013 were given to complainant. As the premises were vacated in September, 2013, there was no liability to pay rent thereafter. The respondent examined Bank official to prove that the application was moved for stopping the payment of the cheque, in view of change in circumstance. Ahlamd of Civil Court deposed and produced certified copy of the plaint of Civil Suit No.70 of 2016, filed by the respondent for recovery of Rs.51,153.00 paid as advance rent for the period from October, 2013 to December, 2013. Copy of the judgment and decree of civil Court dtd. 18/8/2018 was placed on record. The suit was decreed and the appellant was directed to refund the amount of Rs.51,153.00 alongwith interest.