ARVIND VERMA Vs. A.C. SHANDIL

JUDGEMENT

(1.) DEFENDANT Arvind Verma is in second appeal before this Court. He is aggrieved by the judgment and decree dated 29.7.2004 passed by District Judge, Shimla whereby the judgment and decree passed by learned Sub Judge Court No. 1, Shimla in Civil Suit No. 98/1 of 2001 has been affirmed and the appeal dismissed.

(2.) THE subject matter of dispute in the present lis is a house constructed over a portion of Khasra No. 664 as per the entries in the Jamabandi for the year 1989 -90 Ex. PW -1/A. The plaintiff has been recorded owner of the land and the house constructed thereon as per the entries reflected in Ex. PW -1/A. Defendant was inducted as tenant in the house on payment of rent at the rate of Rs. 4,500/ - per month. The house was required by the plaintiff for his own use and as the defendant also failed to pay the rent w.e.f. 1.11.2000, therefore, the plaintiff terminated the tenancy w.e.f. 31.8.2001 under Section 106 of the Transfer of Property Act by serving the defendant with notice dated 30.7.2001 Ex. PW -1/C. The defendant was required to pay the due and admissible rent at the rate of Rs. 4,500/ - per month from 1.11.2000 till 31.8.2001 and to hand over the vacant possession of the house in question on 1.9.2001. He, however, failed to do so. Hence, the suit for recovery of arrears of rent to the tune of Rs. 57,510/ - together with future interest at the rate of 12% per annum and decree for his ejectment from the suit house with a further direction to hand over the vacant possession thereof to the plaintiff.

(3.) IN replication, the plaintiff has denied the contentions raised by the defendant being wrong and reiterated his case as set out in the plaint. The pleadings of the parties has resulted in carving out the following issues: