SHREE SANT JAIKARA BABA Vs. SHUB LAXMI TEXTILE

JUDGEMENT

(1.) The only issue agitated in this petition is determination of rent by the Appellate Rent Tribunal, as payable to the petitioner-landlord (hereafter 'landlord') commencing 1/8/2013.

(2.) Counsel for the landlord submitted that exhibit 4 before the Rent Tribunal clearly indicated in words that the rent as of 1/8/2013 was two thousand rupees albeit therein itself numerically it was indicated as Rs.1,200.00. He submitted that in the circumstances on analogy of Sec. 18 of the Negotiable Instruments Act, 1881 (hereafter 'the Act of 1881'), the amount in words not in numerical ought to have been construed as the rent effective 1/8/2013. The Appellate Rent Tribunal in its impugned judgment having held to the contrary its judgment is vitiated and hence liable to be set aside. And it be further held that the rent for the tenanted premises in issue was two thousand rupees per month effective 1/8/2013 and consequently it be directed that the arrears of rent be recovered by the landlord from the tenant under the Appellate Rent Tribunal's affirming judgment upholding the Rent Tribunal's judgment dtd. 5/6/2017 accordingly.

(3.) I am afraid that there is no force in the contention of Mr. A.C. Upadhayay. It is well settled that proof of a fact is the sum total of admissible evidence and appreciation thereof. Proof cannot be determined on considering a piece of evidence in isolation. A piece of evidence has to for its effect to be appreciated and evaluated with the wholly body of evidence on record. On that score, the Appellate Rent Tribunal in its judgment dtd. 27/5/2019 has taken into consideration the annual enhancement of rent of the concerned tenanted premises commencing 21/6/1998 when it was 200 as per exhibit A-1. Thereupon from exhibits A2 to A13 the Appellate Tribunal noted that enhancement of rent was gradual. And whenever rent was enhanced it was marginally ticked up but never entailed doubling of rent earlier obtaining. The Appellate Tribunal noted that as per Exhibit A-13 the agreed rent effective 20/6/2013 was Rs.1200.00 (Rupees Twelve Hundred). It, on the said evidence wholistically considered alongwith Exhibit 4 (where the rent receipt of 1/8/2013 showed monthly rent of Rs.1200.00 in numericals but rupees two thousand in words) that the Appellate Tribunal held that the rent paid under receipt dtd. 1/8/2013 was Rs.1200.00 and not rupees two thousand per month as asserted by the landlord to warrant determination of arrears of rent accordingly.