- (1.) Heard Counsel for the parties. This petition by the tenant is directed against concurrent orders dated 8.3.2006 and 8.9.2006 by which the suit for eviction and arrears of rent instituted by the respondent-landlord has been decreed by both the Courts below.
(2.) The respondent-landlord instituted a Suit No. 12 of 2003 in the Court of Judge, Small Causes Court with the allegation that the petitioner-tenant was occupying the premises on a rent of Rs. 500/- per month and the son of the plaintiff namely Kailash Mehra was managing the said property along with other properties on his behalf where-after, the landlord executed a general power of attorney in favour of Rakesh Sinha, Advocate. It is further pleaded that the tenant had defaulted in payment of rent with effect from 1.4.1997 to 30.7.2003 and has also not paid the water charges etc. with effect from 1.4.1997 and despite notice, neither he paid the rent nor vacated the premises.
(3.) The petitioner tenant contested the suit, inter alia with the allegation that he was a tenant for the last about 34 years and initially the rent was Rs. 150/- per month but subsequently was raised to Rs. 175/- per month and he continues to pay the rent to the son of the landlord who did not issue any receipt thereof and no dues of rent or house and water charges are payable.;