AJAY KUMAR Vs. SMT. SOMWATI AGGARWAL

JUDGEMENT

(1.) THE defendant is in second appeal before this Court against the concurrent findings of fact by both the Courts below whereby suit for ejectment and recovery on account of rent, compensation for use and occupation, house tax etc. has been decreed against him.

(2.) THE respondent/plaintiff filed a suit for ejectment of the appellant/defendant from shop No. 1 and shed forming part of property No. 126 -B situated at Staff Road, Ambala Cantt and for recovery of Rs. 3,030/ - on account of rent, compensation for use and occupation, house tax etc. The tenancy was originally created vide rent deed dated September 12, 1985 executed between the parties whereby the shop was rented out to the appellant/defendant on a monthly rent of Rs. 5007 - from August 15, 1985 for a period of 11 months. Besides this local taxes were payable by the tenant. The tenant was debarred from making any addition or alteration in the tenanted premises. Thereafter, in the year 1988 the land abutting the shop was given on rent to the appellant/tenant at a monthly rent of Rs. 350/ - per month on which a temporary shed was erected by him with permission of the landlord. The rent was increased from time to time. However, the respondent/landlord issued a notice to the appellant/tenant under Section 106 of the Transfer of Property Act, 1882 (for short the Act) on July 27, 1994 for delivery of vacant possession of the property in dispute. When the possession was not delivered, the suit was filed.

(3.) I have heard learned Counsel for the parties and with their assistance perused the paper book.