BAKHTAWAR SINGH Vs. GURDEV SINGH

JUDGEMENT

(1.) This is an appeal directed by defendant/appellant against the judgment and decree dated 14.08.2015 passed by Shri Sandeep Singh Bajwa, Additional District Judge, Ludhiana vide which the appeal preferred by the defendant against the judgment and decree dated 21.11.2013 was dismissed.

(2.) Brief facts of the present case are that the plaintiff is owner of the shop in dispute and same was given to defendant on rent. Tenancy was oral one and coupled with delivery of possession. Initial rate of rent was fixed as Rs.200/- per month excluding the electricity and other charges. Thereafter, the rate of rent was fixed at Rs.500/- per month and then for Rs.1000/- per month. The defendant not being good tenant was highly irregular in paying rent and stopped payment for the last two years. Besides this, shop in question also requires urgent repair and same is also required by the plaintiff for his personal use and occupation. On all these accounts, the plaintiff terminated the tenancy of the defendant vide notice dated 12.01.2011. Despite notice, defendant failed to vacate the demised premises. Hence this suit.

(3.) Upon notice, defendant appeared and filed written statement taking preliminary objections as to maintainability of the suit in the present form and challenged the locus standi of the plaintiff. Further objections as to the notice given by the plaintiff has been raised by the defendant as the same being illegal and mala-fide and invalid. Objections regarding value of the court fee and no cause of action have also been taken. On merits, the defendant denied other averments and prayed for dismissal of the suit.