- (1.) First floor of house situate at Mohalla Diggi Chauraha near Chaurasiya Petrol Pump was let out to the present applicant by the opposite party herein. SCC suit No. 1 of 1997 Smt. Raj Rani Chaddha v. Smt. Nirmala Mehrotra giving rise to the present revision, was filed on the pleas inter alia that the tenant aforesaid is in arrears of rent since October, 1994, whose tenancy has been determined by notice dated 5-11-1996 served on 8-11-1996. The relief for recovery of arrears of rent, damages pendente lite and future and eviction was sought for. The said suit has been decreed by the trial court by the judgment dated 8-5-2003.
(2.) The suit was contested by the present applicant on the ground that the monthly rent was Rs. 100/- instead of Rs. 500/- and that she is not in arrears of rent.
(3.) On the basis of the pleadings of the parties, the trial judge framed six points for determination. Under point No. 1 relating to the date of commencement of the tenancy, it was found that tenancy has commenced from September, 1994, agreeing with the plea raised by the plaintiff. The rate of rent under point No. 2 was held to be Rs. 500/- per month, as was pleaded by the plaintiff. On the question of default under point No. 3, it was held that the tenant is in arrears of rent since October, 1994. It was found under point No. 4 that there is no denial of plaintiff's title by the defendant and the point was decided accordingly. Under point No. 5, notice was held to be valid and under point No. 6, the suit was decreed.;