RAJ RANI Vs. NARESH MEHTA

JUDGEMENT

(1.) For the reasons mentioned in the application, which is supported by an affidavit of the petitioner, delay of 2 days in filing the Civil Revision is condoned.

(2.) As per the averments made in the eviction petition filed on behalf of the respondent-landlord, petitioner is a tenant in the demised premises with effect from 01.11.2006 and the monthly rent of the tenanted premises is Rs. 1200 since November 2006 with an increase of 5% every year. The rent of the premises was Rs. 1260 with effect from 01.11.2007. It was further asserted that the petitioner failed to pay the rent from January 2008 till November 2008 amounting to Rs. 13,860. It was further averred that the demised premises were required by the respondent-landlord for his personal use and occupation as his son has grown-up and the premises are required for use of the family. A further assertion was made that the respondent-landlord has no other accommodation within the municipal area of Ambala Cantt. and with the aforesaid submissions it was prayed that eviction of the petitioner-tenant be ordered.

(3.) Upon notice, petitioner-tenant appeared and filed written statement raising various preliminary objections. It was admitted that rate of rent was Rs. 1200 per month which was later-on increased to Rs. 1260 per month. However, it was submitted that the respondent landlord has already received the rent from the petitioner on 04.04.2008 and had further received advance rent for eight months at the rate of Rs. 1260 per month along with electricity charges for the period with effect from April 2008 to November 2008. Thus, an advance rent of Rs. 10,080 was paid and a receipt duly executed along with revenue stamp was also issued to him. It was further submitted that the respondent-landlord was having sufficient property and vacant shop. Rest of the averments were denied and it was prayed that eviction petition be dismissed.