ILAM CHAND Vs. SUMER SINGH

JUDGEMENT

(1.) TENANT petitioner (hereinafter referred to as the petitioner) has filed the present revision petition. The facts giving rise to the revision petition are as under :landlord-respondent (hereinafter referred to as the landlord) filed an ejectment petition on 7. 10. 1985 claiming arrears of rent of the rate of Rs. 800/- per month with effect from 29. 7. 1985, and on the ground of personal necessity. Admittedly rent prior to 29. 7. 1985 was Rs. 215/- per month, With effect from 29. 7. 1985, the rent was raised to Rs. 800/- per month vide rent note Exhibit P/1.

(2.) TENANT filed the written statement. The plea regarding personal, necessity was controverted ; regarding the rent, it was stated that the monthly rent initially was Rs. 120/- per month which was subsequently raised to Rs. 140/- and later on further increased to Rs. 215/- from January 1965. Increase of Rs. 800/- with effect from 29. 7. 1985, was denied and it was stated that as a matter of fact document Exhibit P/l incrasing the rent to Rs. 800/- has been got executed from him under threat and duress. Tenant tendered a total sum of Rs. 822/- on account of arrears of rent at the rate of Rs. 215/- per month with proportionate costs and interest. The tendered rent was accepted by the landlord under protest and maintained the ground of non-payment of rent.

(3.) ON the pleadings of the parties, the following issues were framed :