L. N. MITTAL, J. (ORAL)

CM No.8935-CII of 2012

Learned counsel for the applicant-respondents seeks permission to withdraw the instant application for appointment of Local Commissioner.

Dismissed as withdrawn.

Main Case

Defendant-Harjit Kaur having lost in both the courts below has filed this second appeal.

Facts in this case are not very much in dispute. Respondents/plaintiffs filed suit for possession of demised shop by ejectment of defendant-appellant and for recovery of Rs.16,200/- as arrears of rent since 01.01.2004 till 30.09.2004 along with charges for use and occupation of the demised shop w.e.f. 01.10.2004. It is undisputed that defendant-appellant was tenant in the demised shop under the plaintiffs. The plaintiffs alleged that defendant’s tenancy was terminated by serving requisite notice. It was pleaded that defendant was in arrears of rent for the aforesaid period at agreed rate of Rs.1800/- per month.

The defendant pleaded the rate of rent to be Rs.1500/- per month. Other averments of the plaintiffs were also controverted.

Learned Civil Judge (Junior Division), SAS Nagar, Mohali vide judgment and decree dated 01.11.2007 decreed the plaintiffs’ suit. First appeal preferr