NEELAM Vs. SANJAY PAHWA

JUDGEMENT

(1.) This Regular Second Appeal has been directed against the judgment and decree dated 16.02.2015 passed by the learned Additional District Judge, Faridabad, vide which the appeal filed against the judgment and decree dated 27.09.2013 passed by the learned Additional Civil Judge (Sr. Division), Faridabad has been dismissed.

(2.) Respondent-Plaintiff filed the suit for possession by way of ejectment of appellant-defendant and for recovery of rent amounting to Rs. 90,000/-. As per the averments in the plaint, respondent-plaintiff Sanjay Pahwa has inducted the husband of the appellant as tenant in the demised premises on monthly rent at the rate of Rs.2500/- per month before his death. The construction of the suit property was completed in the year 2001 and therefore, the provisions of the Haryana Urban (Control of Rent and Eviction) Act, 1973 (for short 'Rent Act') were not applicable. It was further pleaded that appellant-defendant is a chronic defaulter in making the payment of the rent. She is in default in making the payment of the arrears of rent from May 2006 to June 2009 to the extent of Rs.92,500/-. She was asked to make the said payment. But, she filed a suit for mandatory injunction and permanent injunction against the plaintiff as a counter blast for demanding the payment of rent. Hence the suit.

(3.) Appellant-Defendant contested the suit on the grounds inter alia that the present suit is a counter blast to her petition under Section 6- A of the Rent Act. She was constrained to file the petitioner under Section 6-A of the Rent Act. It was further pleaded that plaintiff has raised a loan for a sum of Rs. 2 lacs from the husband of the defendant and as a consequence thereto it was agreed that plaintiff will only charge Rs.500/- per month till the said loan amount was due and thereafter, rate of rent shall be increased to Rs.1000/- per month. She further pleaded that husband of the defendant died on 28.10.2008. She is facing the hardship to make all ends meet. She denied the liability to pay a sum of Rs. 92,500/- as arrears of rent. However, she admitted her liability to pay rent at the rate of Rs. 500/- per month for 10 months i.e. April 2009 to January 2010. Finally she pleaded that plaintiff has concealed the material facts and the suit filed by him is frivolous.