RAMAVTAR Vs. RAJENDRA KUMAR

JUDGEMENT

(1.) The present writ petition has been preferred against the order dated 31.07.2019 (Annexure-6) passed by learned Additional Civil Judge and Judicial Magistrate, Merta whereby, the application submitted by the petitioner under Sections 34, 35, 39(1) and 42 of The Rajasthan Stamp Act and Sections 107 and 108 of the Transfer of Property Act and Sections 17 and 39 of the Registration Act read with Order 13 Rule 3 CPC was dismissed.

(2.) Brief facts giving rise to the present writ petition are that the plaintiff-respondent filed a Civil Suit for arrears of rent, recovery of possession and mesne profit contending inter alia, that the plaintiff rented his shop to the defendant-petitioner on 01.05.2013 with rent of Rs. 1800/- per month. The defendant-petitioner after 30.06.2014 onwards did not pay the rent. The plaintiff served a registered notice for terminating the tenancy of the defendant but the tenant did not vacate the suit premises. Therefore, the suit was filed for eviction of the defendant and for recovery of the due rent amount.

(3.) The petitioner-defendant filed written statement and submitted that the shop was not taken on rent from the plaintiff-respondent but the same was taken on rent from the plaintiff's mother Smt. Badam Kanwar on 28.07.1992 and Rs. 30,000/- were paid to her as security deposit. It was also mentioned that the defendant had made all the payment of rent.