CA 78/770482 dated 9.8.1985 for Rs.4000/ being the amount of rent for June and July, 1985.
The Appellate Court overlooked some very relevant facts.
There was a civil litigation relating to partition of joint family properties, including the suit premises, between the members of the family wherein, in terms of an interim order passed by the Civil Court, the tenants had deposited rent at the rate of Rs.1800/ per month for the period October 1985 to January 1988.
In the written statement dated 8.1.1992 the tenants admitted to have executed the rent numbere reciting the rate of rent at Rs.2000/ per month, other than water and electricity charges, but submitted that the rate of rent so appointed was never intended to be acted upon and the real monthly rent of the premises was Rs.1800/ only.
The rent for the period upto September 1985 was paid to the landlords.
This is an appeal by special leave preferred by the landlord.
In the family litigation, to which the tenants were number a party, in terms of the order passed by the Civil Court, rent at the rate of Rs.1800/ was deposited for the period October 1985 to January 1988.
Ratan Devi, the then owners and landlords, under the rent numbere dated 20 9 1982.
According to the averments made in the petition for eviction filed on 17.9.1991, the suit premises were obtained by the tenants on tenancy from Shri Mani Ram and Smt.
The amount tendered by the tenants was found to be short and, therefore, invalid.
The plaintiffs in the partition suit were number the landlords realizing the rent that was the landlord herein who was realizing the rent from the tenants.
The companytents of this letter are neither disowned number explained and this letter sinks a death nail into the plea of the tenants.
Subsequent arrears accumulating, owing to infighting amongst the legal heirs, for the period 1.2.1988 to September 1991, i.e. for 44 months, amounting to Rs.79200/ plus interest Rs.8910/ and companyts Rs.75/ totalling Rs.88,185/ were tendered before the Rent Controller on 14.11.1991.
The rate of rent agreed upon was Rs.2000/ per month excluding water and electricity charges.
The tenants neither paid number tendered the arrears of rent from 1st March, 1985.
Another cheque for United Commercial Bank, cheque No.256453 dated 9.8.1985 for Rs.2000/ , the rent of August, 1985 receipt of which please be acknowledged.
Apart from other evidence available on record, these two material pieces of evidence viz.
The tenants preferred an appeal before the Appellate Authority.
Consequently, at the end, the tenants were ordered to be evicted from the suit premises.
the deed of lease and tenants letter abovesaid accompanied by cheques, are enough to overrule the plea of the tenants and to hold that the rate of rent is Rs.2000/ p.m. The Appellate Authority, in arriving at a finding to the companytrary, was deeply impressed by the fact that in the family litigation for partition of the property, the plaintiffs therein had alleged rate of rent of these premises as Rs.1800/ p.m. and this averment was number disputed by the landlord herein, who was one of the defendants therein.
For raising additional revenue to companypensate the companyts of the war, new tax on the immoveable property was imposed.
If the two clear cut admissions made by the tenants, referred to herein above, were to be weighed against the landlords mere failure to object about a wrong averment as to rate of rent in a case where it was number a point in issue, then numberinference other than the one of the rate of rent being Rs.2000/ p.m. companyld have been drawn.
Civil Revision preferred before the High Court by the landlord was dismissed by the High Court forming an opinion that the finding of fact arrived at by the Appellate Authority was number liable to be interfered with in exercise of revisional jurisdiction.
The Rent Controller held the rate of rent of the demised premises was Rs.2000/ excluding water and electricity charges.
For several months rent has been paid at the rate of Rs.2000/ p.m We would to refer in particular to the companytents of the letter dated 9.8.1985 written by the tenants to Ratan Devi, the then landlord wherein it is stated inter alia we are forwarding herewith two cheques of Corporation Bank, cheque No.
Hereinafter for the sake of companyvenience and brevity, Late Parmodh Paul shall be referred to as the landlord and the respondents as the tenants.
By an interim order the Civil Court had restrained the tenants from making payment of rent to the litigating parties and had directed the rent to be deposited in the Court so as to be available for distribution to the party found entitled at the end to release of the rent.
