ANAND KISHORE Vs. AMARJIT KAUR

JUDGEMENT

(1.) THESE are two appeals filed by the defendant against the judgment dated 20.01.2011, passed by the Civil Judge, Jr. Division, Amritsar affirmed by the Addl. District Judge, Amritsar dated 23.11.2011.

(2.) TWO suits had been filed by Amarjit Kaur against defendant Anand Kishore seeking recovery of rent from 01.08.2000 up to 30.06.2003 and from 01.07.2003 to March, 2006. Both the suits were consolidated and a common judgment was passed. Both the suits were decreed. The appeals filed by the defendant were dismissed.

(3.) BRIEFLY narrating the facts; The plaintiff instituted a suit seeking recovery of rent from the tenant inducted in flat No.26 in Ranjit Avenue, Amritsar. Her case was that she had purchased flat no. 25 on the ground floor of the same block and after purchasing the flat, the defendant was inducted as a tenant in the new flat w.e.f. 01.07.2000, on monthly rent of Rs.5,000/ - and the flat had been let out only up to 15.12.2000. It was pleaded that rent till 31.07.2000 was paid and thereafter, the defendant failed to pay the rent. An ejectment petition was filed which was allowed on 13.03.2006 and ejectment order was passed. It was pleaded that the Rent Controller had assessed the rent at Rs.5,000/ - per month which was not tendered and false plea was taken that the rent had been paid under a compromise. It was pleaded that the defendant was in arrears of rent from 01.08.2000 till 30.06.2003.