SURINDER KUMAR SOOD Vs. SUDERSHAN CHADHA

JUDGEMENT

(1.) THE facts necessary for decision of the present case are that the petitioner Surinder Kumar Sood (hereinafter referred to as the landlord) filed a petition for eviction of Shri Thaneshwar Lal Chadha (hereinafter referred to as the tenant) from the premises bearing Municipal No. M -202 in ward No. 5, Palampur consisting of two rooms, gallery, kitchen, toilet and veranda on the ground that the agreed monthly rent was Rs. 400 per month and that the tenant had not paid the rent w.e.f. 1st January, 1991 to 30th April, 1993. In para 14 of the application it was alleged that the premises were let out to the tenant on 20.4.1973 but the rent was increased from time to time.

(2.) THE tenant filed reply stating that initially the rent of the premises was only Rs. 20 per month. This rent was later enhanced to Rs. 50 per month and finally to Rs. 75 per month in the year 1986. It was denied that the tenant had ever agreed to pay rent @ Rs. 400 per month. It was submitted that the rent @ Rs. 75 per month had been sent to the landlord but he had refused to accept the same. The landlord filed replication in which it was stated that a rent note had been executed by the tenant in the year 1990 whereby the rent had been fixed at Rs. 400 per month. The tenant sought leave to file additional reply to these applications which was allowed. The' tenant denied that any such document had been executed.

(3.) SH . Sunil Kumar Chadha, son and attorney of the tenant appeared as RW -1. The gist of the statement of this witness is that his father has been unwell for the last many years. According to him, the tenant is paralysed and unable to look after himself and therefore the question of his signing the rent note does not arise. He denied that the signatures on the rent note are those of his father. He also stated that the premises in question were rented out to them many years back. Initially the rent was Rs. 20 per month which was later increased to Rs. 50 per month in the year 1981 and finally in the year 1986 the rent was enhanced to Rs. 75 per month.