BANWARI LAL TANEJA Vs. RAKESH KUMAR

JUDGEMENT

(1.) The premises in the present case is 250 sq. yards house built in three storeys. The ground floor consists of five rooms and two bathrooms. First floor is also consist of similar accommodation and the top floor is also partly built. On the ground floor, two rooms, kitchen, latrine and bathroom had been let out to the petitioner-tenant. Petitioner-tenant failed in two Courts below and filed the present revision petition in the year 2005.

(2.) CIVIL Misc. No. 5950-CII of 2008 was filed before this Court that after eviction has been ordered, this Court should fix the mesne profits. In that application, notice was issued and in the presence of the parties, it was ordered that the Civil Misc. Application would be taken up for hearing along with the Civil Revision No. 2884 of 2005 on 27.11.2008. The present revision petition is already on the regular board of this Court. Today, Civil Misc. No. 5950 of 2008 along with Civil Revision No. 2884 of 2005 have been taken up together for arguments.

(3.) A written reply was filed by the tenant in which it was stated that he was inducted as tenant by the father of the landlord in the year 1985. Initially, the rent was Rs. 600/- excluding water and electricity charges. Thereafter, it was increased to Rs. 625/- in the year in the month of November 1987 and then in March 1992, the rent was increased to Rs. 750/- per month. Then in January 1993 rent was increased to Rs. 900/- and in July 1993 it was increased to Rs. 1,100/-. It was stated that the sisters of landlord are not dependent and they are well settled at their houses, therefore, they seldom visit the landlord. It was further pleaded that landlord made a request to increase the rent from Rs. 1,100/- to Rs. 1,500/-, on refusal, the eviction petition was filed.