ASHISH KUMAR Vs. MEHRUNISHA

JUDGEMENT

(1.) WITH the consent of both the parties the appeal is finally heard.

(2.) THE brief facts relevant for disposal of the present appeal are that the plaintiffs filed a suit for eviction against the defendants. It is alleged by the plaintiff that two premises were let out and the defendants were paying the rent of one premises at the rate of Rs. 1800/- per month, whereas for other premises rent was Rs. 1300/- per month. According to the plaintiff which were the last paid rents of the two premises. The defendants in their reply seriously contested the facts alleged by the plaintiff in the plaint and submitted that the one premises initially was let out only at the rent of Rs. 500/- per month and subsequently because of surrender of some of the portion of the premise the rent was reduced to Rs. 300/- per month. For second premises it is stated in the written statement by the defendants that the rent of Rs. 1300/- was never agreed upon nor it was paid but for second premises rent was only Rs. 700/- per month. The plaintiff submitted the documents including the photostat copy of the cash book wherein the rent of the premises was recorded by the plaintiff. The plaintiff relied upon the admission of the defendant recorded on the bottom of the page No. 52 the cash book wherein according to the plaintiff. Defendants admitted Rs. 8254/- as determined and admitted the same to be payable to the plaintiffs, whereas the defendants- appellant placed on record a certified copy obtained from the Municipal Board, Raisinghnagar.

(3.) I have heard the learned counsel for the parties and perused the record.