NAVIN CHANDRA JAYANTILAL DOSHI Vs. CHUNILAL R.DHANANI

JUDGEMENT

(1.) IN this second appeal, the appellant has challenged the judgment and decree by which he has been held liable for payment of Rs. 82,209/ - to the respondent.

(2.) THE appellant's case" is that he was the tenant in the house of the respondent and has himself vacated the house. After vacating the house, the landlord (plaintiff) claimed arrears of Rs. 82,209/ - as rent. Earlier he had approached the House Rent Controller in H.R.C. Case No. 11 of 1999. By the final order dated 28.2.200/ the House Rent Controller fixed @ Rs. 2,000/ - per month payable with effect from the date of filing of the application, i.e. 16.6.1999. Against the said order of the House Rent Controller, the appellant had preferred appeal. The said appeal was allowed in part modifying the order of House Rent Controller fixing rent @ Rs. 2.75 paise per square feet, which comes to Rs. 1668.29 paise. The landlord (plaintiff) thereafter, had not taken any step for realization of the amount. He subsequently filed Money Suit No. 3 of 2005 in the Court of Munsif -I, Dhanbad. The appellant appeared and contested the Suit. In the written statement, the appellant had pleaded that the Suit is not maintainable as there was no more relationship of the landlord and tenant. The defendant is not liable to pay as he has already vacated the suit premises. The" order of House Rent Controller was passed while the eviction suit was pending against the defendants. But the landlord -plaintiff has not brought the said facts before the court and did not file any application for payment of arrears of rent. The plaintiff, thus, cannot claim the said amount by filing the subsequent suit.

(3.) BOTH the parties adduced their evidences. Learned Trial Court, after due discussion and consideration, arrived at the conclusion that the defendant is liable to pay the said arrears of rent at the rate which was determined by the Rent Controller. The learned court below, thus, decreed the suit.