RAM NATH Vs. MEHAR CHAND

JUDGEMENT

(1.) THE Defendant having lost in both the Courts has come in second appeal against judgment, decree dated 29.11.2010 passed by Learned Additional District Judge, Fast Track Court, Una in Civil Appeal No. 97/08 affirming judgment, decree dated 15.9.2008 passed by Learned Civil Judge (Junior Division), Court No. II, Amb in Civil Suit No. 105/2002.

(2.) THE facts, in brief, are that Respondent had filed a suit for possession by way of ejectment of Appellant from two shops and veranda situate on khasra No. 558 village Mubarakpur more particularly shown by letters ABCD in the site plan and for recovery of Rs. 42,000/ - on account of arrears of rent from June 1999 to April, 2002 onwards on account of use and occupation charges of the said two shops together with interest at the rate of 12% per annum.

(3.) THE suit was contested by the Appellant by filing written statement in which he took preliminary objections of maintainability, cause of action, estoppel and valuation. On merits, it was admitted that he was inducted as tenant in the shops. The rent is Rs. 500/ - per month which he has paid upto April, 2002. Thereafter, the Respondent has refused to accept the rent. The suit has been filed in order to compel the Appellant to increase the rent. The notice dated 13.3.2002 was duly replied. The Appellant prayed for dismissal of the suit. The Respondent filed replication.