SANJEEV SHARMA Vs. BALBIR SINGH

JUDGEMENT

(1.) Present Regular Second Appeal by one of the defendants [defendant No.1] is directed against the concurrent findings of both the Courts below, whereby, suit for recovery of Rs. 2,94,000/- filed by Balbir Singh was decreed by Civil Judge [Junior Division], Fatehgarh Sahib vide judgment and decree dated 25.11.2014. The appeal filed by the plaintiff was also dismissed by learned District Judge, Fatehgarh Sahib vide judgment and decree dated 24.03.2015.

(2.) Relevant facts of the case for the purpose of decision of this appeal; that the plaintiff filed suit for recovery on the basis that suit property was given on rent @ Rs.16,000/- per month to the defendants with effect from 1.8.2011 vide rent note dated 9.8.2011. As per terms of the rent note, there was a stipulation with regard to increase of rent @ 25% per annum. The defendants failed to pay rent with effect from 1.3.2012. Even the rent assessed by the Court was not paid. Ejectment petition was allowed on 21.5.2013 and on that basis, the plaintiff is entitled to recover Rs. 2,94,000/- upto July, 2013.

(3.) Defendant contested the suit taking the plea that entire payment on account of rent had been made. More so, the defendants had invested Rs. 4.00 to 5.00 lacs and constructed a hall and store in the premises. Defendants had not received any money from the plaintiff qua the construction of hall and store and the plaintiff filed the suit with mala fide intention and the same is liable to be set-aside.