Professional Documents
Culture Documents
False Litigation
False Litigation
False Litigation
IN
+ RFA No.658/2017
CORAM:
HON’BLE MR. JUSTICE VALMIKI J.MEHTA
3. The facts of the case are that the subject suit was filed by
was a tenant of shop no. F2 and F3, First Floor, Plot No.19, MLU,
deed entered into between the parties was dated 9.9.2002 for a
the parties was dated 27.12.2005 as per which the rate of rent became
Rs.43,000/- per month and since the same was to be increased by 10%
every year, the rate of rent became Rs.52,030/- per month w.e.f
Rs.1,09,500/- per month and which was paid in the ratio of 1/3 rd i.e
and as per which the rent is said to be paid till July, 2015. The
9.9.2002 and 27.12.2005. That the last rate of rent payable between
the parties was Rs.1,09,500/- was however denied. The service of the
Rs.31.50 lacs given are alleged to be either in cash without any receipt
(ii) Also, and admittedly neither there is any registered sale deed in
to sell conveying any right, title and interest in the suit property in
of the Transfer of Property Act, 1882 and even to take benefit of the
defence was made out before the trial court for not decreeing the suit
tenant between the parties is admitted. The rate of rent being above
denied and hence admitted, and in any case, the same is not necessary
Diesels & Electricals Ltd. Vs. Jasbir Singh Chadha (HUF) & Anr.
2011 (183) DLT 712 which holds that service of summons in the suit
Act.
suit premises.
(ii) I cannot agree with the argument of the counsel for the
served because it is not denied and also not necessary in view of the
Ltd. (supra) the trial court was hence justified in decreeing the suit
is dismissed with costs of Rs.2 lacs and which costs shall be paid by
be filed in this Court within one week thereafter. Registry will ensure
that if receipt is not deposited then the matter will be listed in the