SANT RAM Vs. SMT. RAJ BHARDWAJ

JUDGEMENT

(1.) CM. No. l4974 -CII/205:

(2.) COPY of the order dated 21.11.2000 (Annexure -P.6) attached with the C.M. is taken on record.

(3.) THE tenant -petitioner appeared before the Rent Controller, filed his written statement and stated that rent had been paid up to 31.8.1995 and that the petition has been filed on 9.8.1995, thus no rent was due on the date of filing the petition and the petition was not maintainable. The tenant further alleged that the landlady had wrongly claimed rent since 1.1.1993. It was also alleged that the landlady herself took Rs. 2,000/ - as advance rent for five months and gave receipt on the diary of petitioner. Thereafter Rs. 1,200/ - was paid to Kiran Bala on 25.8.1995 as rent for June, July and August, 1995. It was also alleged that the landlady had entered into an agreement of sale of the entire property with Smt.Laxmi Devi wife of the tenant -petitioner for the consideration of Rs. 1,75,000/ - vide agreement of sale dated 17.6.1994 and an amount of Rs. 20,000/ - was paid as earnest money. Smt. Laxmi Devi, it is alleged, has been ready and willing to perform her part of contract and she offered the balance sale consideration to the landlady and she (Smt. Laxmi Devi) was even present in the office of Sub -Registrar on 30.1.1995. It is further alleged that notices dated 17.1.1995 and 23.5.1997 were issued to the landlady -respondent for execution of the sale deed. Thus, virtually the landlady had no right in the property. A replication was filed by the landlady -respondent in which the allegations as made in the written statement were denied and the stand taken in the ejectment petition was reiterated. The learned Rent Controller, framed the following issues: