STATE OF J&K Vs. VIRENDERAJIT SINGH

JUDGEMENT

(1.) THIS appeal is directed against the JUDGMENT and decree passed by 1st Additional District, Judge. Jammu in file No. 15/Cos 10 -03 -1997 where by a decree for possession of the suit property as well as for sum of Rs. 24,000/ - on account of use and occupation of the said premises has been passed in favour of respondent ( here in after referred to as plaintiff) and against the appellants (herein after referred to as defendants).

(2.) SO far the facts giving rise to the present appeal are concerned, those are by and large admitted and are being referred to briefly for the purposes of determination of this appeal.

(3.) PLAINTIFF had let out first floor of the annex of his property known as Kothi Amar Villa, Canal Road, Jammu to the defendants on a rental of Rs. 1000/ - per month. Half of the ground floor was also taken on rent by the defendants. According to plaintiff rent was fixed of that half, portion of ground floor was Rs. 1200/ -, whereas according to defendants rent fixed was Rs. 10OO/ - per month, what was the rate of rent is not material since the plaintiff had throughout accepted the rent at the rate of Rs. 2000/ - per month for the entire let out premises.