Eviction order Dismissal of suit for recovery of enhanced rent

 Order 37 and Section 100 CPC Eviction order Dismissal of suit for recovery of enhanced rent  Second appeal Whether rate of rent was enhanced from Rs.700/per month to Rs.2190/per month  Held, rate of rent neither increased to Rs.2190/by tenants nor payment at that rate was ever made by them to landlord Resolution on which landlord is relying upon rejected by committee in next meeting Therefore, it cannot be made basis for claim of landlord with regard to increase in rent Rent can certainly be not increased in such manner by cooperative society without passing of legal and valid resolution Therefore, rate of rent to be determined on facts and circumstances of case and evidence adduced by parties and any observation made by Rent Controller, Phagwara for limited purpose of deciding ejectment petition is certainly not final verdict on subject Therefore, rejection of claim of plaintiff seeking recovery of rent at enhanced rate of Rs.2190/per month are proper, appropriate and not to be differed with - Hence, decree of suit for recovery upheld. [Para 11]

Parlhad vs Phagwara RSA 2852/12 16/11/22 [ MADAN JJ ]

[ PUNJAB HARYANA HIGH COURT ]