OM PARKASH Vs. BABU RAM SHARMA

JUDGEMENT

(1.) CM No. 24791-CII of 2007 Allowed as prayed for. The petitioner is exempted from filing the certified copy of judgment. CM No. 24790-CII of 2008 & CR No. 6744 of 2007

(2.) THE petitioner has invoked the jurisdiction of this court under Article 227 of the Constitution of India to challenge the judgment and decree dated 21.09.2007 passed by the learned lower appellant court vide which appeal filed against the judgment and decree dated 21.9.2004 passed by the learned Additional Civil Judge (Sr. Division), Bahadurgarh stands allowed.

(3.) THE defendant/landlord filed a rent petition No. 5/2 dated 27.5.1996 on the ground of non-payment of rent for 3 years w.e.f. 1993 to 1996 alleging the rate of rent to be Rs. 400/- (four hundred only) per month. The plaintiff/petitioner appeared and deposited the demanded rent to avoid his ejectment as the receipts were not issued by the landlord. It was the case of the plaintiff that a total sum of Rs. 16,774/- including interest and costs was paid though the rent stood already paid up to June, 1996. The plaintiff/petitioner claimed that a sum of Rs. 16,774/- (sixteen thousand seven hundred and seventy four only) was deposited in excess to which the defendant/respondent was not entitled at all.