AMRIT LAL SHARMA Vs. NARINDER SHAROTRI

JUDGEMENT

(1.) This is defendant's (tenant) second appeal directed against the judgment and decree of the Courts below whereby suit of the plaintiff (Landlord) (respondent herein) for his ejectment and for recovery of rent, has been decreed.

(2.) In brief, the facts are that landlord let out the premises in dispute to the defendant on a rent of Rs. 850/- per month. Tenancy was oral and from month to month basis. It is the case of the landlord that tenant paid the rent from November, 1990 to March, 1991 but stopped paying it thereafter and as such, he was in arrears of rent since 1.3.1991. According to the landlord, defendant did not prove to be a good tenant and, therefore, he called upon him to vacate the premises and pay the arrears of rent but to no effect. Landlord issued notice dated 4.5.1992 to the defendant terminating his tenancy as required under Section 106 of the Transfer of Property Act. Notice was sent through registered A.D. post and U.P.C. beside pasting it on the outer door of the premises in dispute. Tenant did not vacate the premises in spite of termination of tenancy nor did he pay the arrears of rent. Hence, the suit. Upon notice of the suit, tenant admitted the relationship of landlord and tenant but contended that he had been paying rent and that landlord had not been issuing receipts in token thereof. The receipt and validity of notice was denied. Landlord filed replication controverting the allegations made in the written statement. On the pleadings of the parties, the following issues were framed by the trial Court:-

(3.) Whether the plaintiff is entitled to recover a sum of Rs. 12,500/- as arrears of rent OPP