ASHOK PLAHA Vs. SHASHI KAURA AND ANR

JUDGEMENT

(1.) This Regular Second Appeal is directed against the judgment and decree, dated 1.10.2009, passed by the learned District Judge, Chamba in Civil Appeal No. 9 of 2009.

(2.) "Key facts" necessary for the adjudication of this Regular Second Appeal are that the predecessor-in-interest of the respondents/plaintiffs (hereinafter referred to as the "plaintiffs" for the sake of convenience) Jagan Nath Plaha filed a suit against the appellant/defendant (hereinafter referred to as the "defendant" for the sake of convenience) seeking decree for possession of the house comprising two rooms in a double storeyed building, situated over the land as detailed in para 1 of the plaint and also for recovery of a sum of Rs.950/- as rent of the suit property since December 1997 till July 1999. The case set up by the plaintiff was that he was owner in possession of the suit property which was rented out to the defendant on payment of rent of Rs.50/- per month, but the defendant failed to pay the rent since December 1997 and a sum of Rs.950/- was due on account of the rent from the defendant. According to the plaintiff, the suit property was required by the plaintiff for his own personal use. He served a notice upon the defendant terminating his tenancy w.e.f. 30.9.1999. The plaintiff requested the defendant to make the payment of the rent and hand over possession of the suit property, but the defendant failed to pay the rent and hand over possession of the suit property.

(3.) The suit was contested by the defendant. The defendant admitted that the plaintiff was owner of the suit property comprising two rooms and the same was rented out to him. According to the defendant, the suit property was rented out firstly to his father and thereafter to him. He denied that the rent of the suit property was Rs.50/- per month. The suit property was rented out for running a small scale industry. He also denied that he was in arrears of rent since December 1997. According to him, he had paid rent to the plaintiff amounting to Rs.1200/- from 1.7.1994 to 30.6.1996 on 16.11.1995 and thereafter rent amounting to Rs.600/- was paid in the month of November 1996 from 1.7.1996 to 30.6.1997. Rent amounting to Rs.600/- w.e.f. 1.7.1997 to 30.6.1998 was paid on 30.7.1997 to the plaintiff. Thereafter, rent from 1.7.1998 to 30.6.1999 was sent to the plaintiff through a cheque dated 23.8.1999. He further denied that the suit property was required by the plaintiff for his personal use.