Delhi High Court
Smt. Jamuna Devi vs Shri Charanjit Gandhi on 8 February, 2011
Author: Valmiki J. Mehta
* IN THE HIGH COURT OF DELHI AT NEW DELHI
+ RFA No. 226/2001
% 8th February, 2011
SMT. JAMUNA DEVI ...... Appellant
Through: None
VERSUS
SHRI CHARANJIT GANDHI . ...... Respondent
Through: None
CORAM:
HON'BLE MR. JUSTICE VALMIKI J.MEHTA
1. Whether the Reporters of local papers may be
allowed to see the judgment?
2. To be referred to the Reporter or not?
3. Whether the judgment should be reported in the Digest?
VALMIKI J. MEHTA, J (ORAL)
1. This case is on the Regular Board of this Court since 3.1.2011.
This case is effective item no.4 on the Regular Board of this court today. No
one appears for the parties although it is 2:30 pm. I have therefore perused
the record and am proceeding to dispose of the matter.
2. The challenge by means of this Regular First Appeal under
Section 96 of the Code of Civil Procedure, 1908 is to the impugned judgment
and decree dated 28th March, 2001 whereby the suit of the
RFA No. 226/2001 Page 1 of 5
respondent/plaintiff was decreed for recovery of Rs.99,000/- towards arrears
of rent with pendent lite and future interest at 15% per annum and costs.
3. The facts of the case are that the respondent/plaintiff was the
owner of the property bearing no.B-76, New Gupta Colony, New Delhi and
ground floor of which was let out to the appellant on monthly rent of
Rs.2,750/- with effect from 1.7.1996. It is alleged that the appellant became
defaulter in payment of rent and did not pay rent with effect from 1.6.97
instead of repeated demands. It was then stated that the
respondent/plaintiff served a notice dated 3.6.2000 on the
appellant/defendant to make payment of arrears of rent. On failure of the
appellant/defendant to pay the rent, a suit was filed for arrears of rent from
1.6.97 to 12.12.2000. The appellant/defendant appeared and contested the
suit. It was claimed by the appellant/defendant that it was agreed between
her and respondent/plaintiff that if she paid Rs.25,000/- as security to the
respondent/plaintiff then the appellant could live on rent as long as she
desired. It was also additionally pleaded that the respondent/plaintiff
approached the appellant/defendant on 25.12.1998 and persuaded the
appellant/defendant to give him an amount of Rs.1,00,000/- which the
respondent/plaintiff agreed to pay back within a year along with the interest
at the rate of 3% per month, and in consideration of this payment of
Rs.1,00,000/-, the rent was reduced from Rs.2,750/- to Rs.200/- per month
and which amount of Rs.200/- per month has been regularly paid to the
respondent/plaintiff but no receipt has been issued.
RFA No. 226/2001 Page 2 of 5
4. After completion of pleadings, the Trial Court framed the
following issues which read as under:-
"1. Whether the plaintiff is entitled to recover any
arrears of rent? If so, at what rate and what amount
of arrears of rent? OPP
2. Whether the plaintiff is entitled to any interest? If so,
at what rate? OPP
3. Whether the defendant paid a sum of Rs.1,00,000/-
to the plaintiff as alleged I the written statement? If
so, to what effect? OPD
4. Whether the suit is barred by time? OPD.
5. Relief."
5. The relevant issues on which the decision of the case depends
are issue nos. 1 and 4. The Trial Court has given the necessary findings in
paragraphs no. 9 and 10 of the judgment which read as under:-
"9. Admittedly the plaintiff let out the suit premises to the
defendant for a period of 11 months w.e.f.1.7.96
@Rs.2750/- pm. The plaintiff who appeared as PW.1 in his
unchallenged and uncontroverted testimony has deposed
that the defendant paid rent for the period of 11 months
and w.e.f.1.6.97 the defendant did not pay him the agreed
rent of Rs.2,750/- and that he has demanded the rent from
the defendant many times. He also proved the rent
agreement Ex.PW1/1. He also deposed that he got issued
a legal notice dated 3.6.2000 for the arrears of rent
through his lawyer, carbon copy whereof is Ex.PW1/1,
postal receipt is Ex.PW1/3 and the registered AD card is
Ex.PW1/4 and the UPC receipt is Ex.PW1/5. Though in the
written statement filed the defendant took the plea that it
was mutually settled that the defendant would pay a sum
of Rs.25,000/- as security to the plaintiff there is no
pleading that the said sum of Rs.25,000/- was ever paid
nor any proof to any such extent has been led by the
defendant. Similarly though the defendant in the written
statement also took a plea that the plaintiff had
approached the defendant on 25.12.98 and said that he
was in extreme need of money and persuaded the
defendant to pay him an amount of Rs.1,00,000/- and the
defendant in good faith and keeping in view the formal and
RFA No. 226/2001 Page 3 of 5
cordial relations, lent a sum of Rs.1,00,000/- and the
plaintiff agreed to pay within a year and when the
defendant asked the plaintiff to give 3% interest on the
lent amount, the plaintiff pleaded to reduce the rent
amount from Rs.2,750/- to Rs.200/- p.m. and on the other
hand he would not pay any interest till the full and final
payment of the borrowed amount is made and that since
then the defendant has been paying around he plaintiff an
amount of Rs.200/- as monthly rent, the defendant failed to
prove any of the allegations so made. In fact no evidence
has come to be led by the defendant to p rove any such
allegations. As such in the absence of any material on
record to show that the agreed rent of Rs.2,750/- was ever
mutually agreed to be reduced to Rs.200/- p.m. on
account of any alleged sum of Rs.1,00,000/- having been
lent by the defendant to the plaintiff, I have no hesitation
in accepting the version of the plaintiff, which is
unchallenged and uncorroborated that the rent due and
payable by the defendant in respect of the suit premises
was at Rs.2,750/- p.m. Then also though the defendant
denied that he has been in arrears of any rent, in the
absence of any evidence having been led by the defendant
to prove any such assertions, I have to hesitation in
accepting the unchallenged and uncorroborated testimony
of the plaintiff that the defendant was in arrears of rent
w.e.f. 1.6.97 @ Rs.2,750/-p.m.
10. Though the onus to prove the issue no.4 was on the
defendant, the said issue is a legal issue. The statute of
limitation provides for filing of a suit by the plaintiff for the
arrears of rent within 3 years from when the arrears
become due. In the instant case, the suit was filed by the
plaintiff on 30.1.2001. Proceeding three year counted
therefrom, the plaintiff as such is legally entitled to recover
the arrears of rent due for the months of January, 1998.
Suit of the plaintiff for the recovery of arrears for the
period prior to January, 1998 has thus become time barred.
Calculating the arrears of rent and even the damages
claimed till the filing of the suit at the same rare come to
Rs.99,000/-. It is therefore held that the plaintiff is entitled
to recover Rs.99,000/- as arrears of rent/damages from the
defendant." (Emphasis added)
RFA No. 226/2001 Page 4 of 5
6. I wholly agree with the aforesaid findings and conclusions of the
Trial Court. The Trial Court has rightly disbelieved the stand of the appellant
of having made a payment of Rs.1,00,000/- for reducing the rent from
Rs.2,750/- to Rs.200 per month inasmuch as no proof at all was filed to show
payment of Rs.1,00,000/- or any agreement entered into to reduce the rent
from Rs.2,750/- to Rs.200/- per month. The Trial Court has also referred to
the rent agreement Ex.PW1/1 as also the legal notice Ex.PW1/2 and the AD
Card Ex.PW1/4 whereby the respondent/plaintiff claimed the amount due.
The Trial Court has also noted that there are no appropriate pleadings or
proof whatsoever that Rs.25,000/- was ever paid to the respondent/plaintiff
so as to claim a right to perpetually stay in possession of the tenanted
premises.
7. I therefore do not find any merit in the appeal which is therefore
dismissed leaving the parties to bear their own costs. Amount deposited in
this Court by the appellant, alongwith accrued interest, be released to the
respondent. Trial Court record be sent back.
FEBRUARY 8, 2011 VALMIKI J. MEHTA, J.
ak
