- (1.) CM. No. 1410-C of 2012. Allowed as prayed for. CM. No. 1411-C of 2012 : Application is allowed and Annexure A-1 is taken on record, subject to all just exceptions. Main Appeal: Defendant Surjit Singh, having failed in both the courts below, has filed this second appeal.Respondent-plaintiff Vikas Talwar filed suit against defendant-appellant for ejectment of defendant from demised premises and also for recovery of arrears of rent and mesne profits along with interest However, the relief of ejectment was not pressed because notification excluding applicability of Rent Control Act to demised premises with rent of Rs. 1500/- per month and above was quashed, and therefore, Rent Control Act became admittedly applicable to the demised premises. The dispute remained only regarding arrears of rent. In fact, the said dispute was also regarding rate of rent only.
(2.) Plaintiff claimed that the defendant is tenant in the main shop measuring 10'-5" x 26'-0" on the ground floor in SCF No. 20, Sector 21-C, Chandigarh @ Rs. 2420/- per month excluding water and electricity charges. The defendant alleged that he had taken the aforesaid ground floor premises on rent from Dhani Ram, vide lease deed dated 25.02.1978 on rent of Rs. 7007- per month, subsequently increased to Rs. 1250/- per month. The defendant also alleged that he had taken one room on second floor of the same SCF on rent of Rs. 7507- per month, enhanced to Rs. 1170/- per month w.e.f. April 2001. However, room on the second floor was vacated by the defendant in September 2002 and possession delivered to the plaintiff.
(3.) Learned trial court held the rent of the demised premises on ground floor only to be Rs. 2420/- per month and accordingly, partly decreed the suit for recovery of balance amount of rent for the period from 15.03.2002 till 31.12.2002 amounting to Rs. 11115.50 with interest @ 9% per annum w.e.f. 01.01.2003 till recovery. First appeal preferred by defendant has been dismissed by learned Additional District Judge, Chandigarh, vide judgment and decree dated 13.10.2011. Feeling aggrieved, defendant has filed this second appeal.;