LAWS(P&H)-2015-11-339

ASHOK KUMAR Vs. NAND LAL AND ANOTHERS

Decided On November 19, 2015
ASHOK KUMAR Appellant
V/S
Nand Lal And Anothers Respondents

JUDGEMENT

(1.) Impugned in the present regular second appeal is the judgment and decree dated 13.12.1994, passed by the learned Additional District Judge, Hisar, affirming the judgment and decree dated 15.11.1991, passed by the learned Senior Sub Judge, Hisar, vide which, suit of the plaintiffs was decreed with costs for recovery of Rs.38,250/- with interest @ 12% per annum from the date of filing the suit till realization.

(2.) The summary of facts is that the plaintiffs claim that they let out a shop to the defendant for Karyana business for the period 11.9.1980 to 10.12.1980 vide rent note dated 13.9.1980. The rate of rent was fixed at Rs.1000/- per month with 50% house tax to be charged by Municipal Committee. The defendant is now in arrears of rent from 11.2.1981 to 10.2.1984 @ Rs.1062.50, including house tax. It was further claimed by the plaintiffs that defendant became the defaulter and was in arrears of rent from 11.2.1981 to 10.2.1984. A rent application for ejectment was filed in which a rent of Rs.2400/- was tendered for the period from 1.10.1983 to 31.1.1984 @ Rs.600/- per month, which was accepted by the plaintiffs under protest. The said amount of Rs.2400/- has been adjusted for the period from 11.10.1980 to 10.2.1981. Now a sum of Rs.38250/- recoverable from the defendant.

(3.) In the written statement, the defendant admitted the tenancy. However, he denied the rate of rent of Rs.1000/- per month plus 50% house tax. It is stated that the shop was taken on rent by the defendant and Krishna Devi wife of Subhash Chand @ Rs.600/- per month, including house tax. The same rate of rent is entered in the accounts of the firm of the defendant. The execution of rent note was denied. It was stated that rent note is fabricated. It was further stated that Ashok Kumar and Krishna Devi are carrying out the Kiryana business in the name of Mittal Kiryana Shop till 25.2.1982.