Default in payment of rent - a case of continuous default of non-payment of rent by the tenant- suit for ejectment, arrears of rent and mesne profit is decreed.

Uttarakhand Highcourt

A. Provincial Small Cause Courts Act, 1887 Section 25 Landlord tenant relationship - Plaintiff filed suit for eviction of defendant from rented property - Tenant had also filed suit for decree of prohibitory injunction against plaintiff in respect of same property - Defendant, in said suit, had categorically pleaded that plaintiff was owner and landlord of property and that he was tenant in same - In said suit, he had admitted execution of rent agreement and that same was executed for period of 11 months - Relationship landlord and tenant abundantly clear - Thus, findings recorded by trial court on issue of existence of landlord tenant relationship affirmed.

B. Provincial Small Cause Courts Act, 1887 Section 25 Rent agreement - Execution - Tenant defendant claimed that after termination of tenancy plaintiff executed fresh rent agreement - Initially suit property was let out by plaintiff to defendant @ Rs.2200/- per month for period of 11 months - Looking to conduct of defendant plaintiff issued notice asking him to vacate suit premises after period of three months only pursuant to which suit was filed by defendant for prohibitory injunction - There was no occasion for plaintiff to execute another rent deed - Finding recorded by trial court said effect vitiated in law and set-aside.

C. Provincial Small Cause Courts Act, 1887 Section 25 Evidence Act, 1872 Section 116 Denial of title of landlord - Estoppel - Plaintiff was co-sharer of property in dispute - Property was let out to defendant by rent deed executed by plaintiff - Thus, defendant is estopped from denying title of plaintiff over suit property - Duty cast upon trial court to consider simpliciter suit for ejectment and recovery of rent, question of title and ownership not significant - Trial court erred in going into issue of ownership and recording perverse findings.

D. Provincial Small Cause Courts Act, 1887 Section 25 No plea taken by defendant in written statement that suit property had been sold out through registered sale deeds - It was only asserted that plaintiff was co-owner and landlord of suit property - However, subsequently, defendant led evidence and filed sale deeds to show that property had been sold out - In absence of plea in written statement, trial ought not to have allowed defendant to lead evidence and should not have considered inadmissible evidence.

Therefore, in view of the reasons recorded above, instant civil revision stands allowed.Impugned judgment and decree dated 08.01.2019 passed by Judge, SCC of Ist Additional District Judge, Dehradun is hereby set aside.

The respondent of defendant shall pay rent @ Rs.2200/- per month as well as the mesne profit of damages at the same rate, from the date it was due till the date peaceful and vacant possession of the suit premises is handed over.

(LMSLFD1811467)