VIJAYKUMARCHAURASIA Vs. SHAKUNTLA DEVI

JUDGEMENT

(1.) The defendant has filed this second appeal against the judgment and decree dated 20-8-1987 passed in Title Appeal No. 145 of 1980 affirming the judgment and decree of the trial court dated 26-7-1980 passed in Title Suit No. 157 of 1978.

(2.) The case of the plaintiff was that the defendant was inducted as a tenant on a monthly rental of Rs. 40/-according to the English Calendar in the month of April, 1973. It was agreed that the rent would be payable, in the first week of the next following month. The defendant paid rent up to September, 1976 under receipt. The defendant thereafter stopped payment of rent from the month of October, 1976. She is also in bona fide personal need of the suit premises.

(3.) The case of the defendant was that rent of the suit premises was Rs. 30/-only. The plaintiff also agreed to receive the rent at the convenience of the parties and also accepted the rent for 5/6 months at a time. The enhancement of the rent from Rs. 30/-to Rs. 40/-from April 1973 was illegal and excess rent of Rs. 10/- is liable to be adjusted towards rent. He is not defaulter and is willing to pay rent to the plaintiff.