Sangeeta Chandra, J. - (1.) I have heard learned counsel for petitioner, Shri Kshitij Shailendra and learned counsel for respondents, Shri Vinod Swarup.
(2.) The counsel for petitioner has submitted that initially the petitioner-tenant had been allotted the premises in question which is a shop situated at Guljarimal Dharamshala Road, Moradabad on 05.08.1996 by an order of Rent Control and Eviction Officer who fixed the rent at the rate of Rs.1500/- per month and allotment order was issued under Form-B. The petitioner continued to pay the said rent and there is admission on the part of landlord-respondent that there was no arrears of rent that was fixed by the competent authority i.e. Rs.1500/- per month. In fact, some other amount relating to house tax, water tax, usage of parking and staircase and also for engaging a Chowkidar were paid by the petitioner-tenant but such payments were not specifically demarcated as payments for other expenses. The rent receipts that were issued by the landlord-respondent contained the presumptive statutory rent as fixed of Rs.1500/- plus other expenses mentioned cumulatively.
(3.) The learned counsel for petitioner says that, in fact, there were quite cordial relations between the landlord and tenant and the enhanced amount that was paid for other miscellaneous expenses was by mutual agreement but such an agreement was not reduced in writing.;