WASAWA SINGH Vs. SURINDER KUMAR SHARMA

JUDGEMENT

(1.) Appellant-Defendant is aggrieved of the concurrent findings of both the courts below whereby the suit of the plaintiff-respondent seeking possession of the demised premises i.e Flat No.G-009, Ground Floor, Rail Vihar, Phase-II, MDC Sector 4, Panchkula (hereinafter to be referred as demised premises ) has been allowed while ordering ejectment of the appellant-defendant.

(2.) Respondent-Plaintiff instituted the suit for possession of the demised premises by way of ejectment of the defendant and got served a legal notice dated 06.1.2014 under Section 106 of the Transfer of Property Act on the premise that the appellant was inducted as tenant w.ef 01.12.2005 at the rate of Rs.3000/- per month but thereafter the rent was increased to Rs.3500/- per month. It was also increased from time to time and presently the present rent was fixed at Rs.6500/- per month whereas as per the prevailing market rate, the rent was Rs.12000/- per month plus electricity charges. The defendant-appellant did not vacate the premises despite the fact that the plaintiff-respondent had suffered paralytic attack. It was pleaded that the children of the plaintiff were major and the demised premises was required for bonafide purposes.

(3.) Defendant contested the suit with regard to maintainability, want of jurisdiction and suppression of material facts. On merits, it was pleaded that the rent of the demised premises was Rs.6500/- per month. Besides this defendant was also paying amount of Rs. 200/- per month as security charges to the society.