Document Fragment View

Matching Fragments

3. After about four months from the date of service of notice dt. 27.03.2019, father of defendants paid the rent upto 31.03.2019 to the plaintiffs vide rent receipt no. 256 dt. 14..07.2019 and he lastly made the paid the rent at the rate of Rs. 1650/­ for the month of February 2020 to the plaintiffs vide rent receipt no. 325 dt.

CS No. 1928/20 ABDUL BASIT VS. MOHD. YASIN Page 2 of 5

01.03.2020.

4. Mohd. Yunus expired on 29.04.2022 and after his death, defendants being the sons/legal heirs of deceased tenant are in the occupation and possession of the tenanted premises. Therefore, defendants are liable to pay the entire arrears of rent w.e.f. March 2020 till date i.e. December 2020 along with interest @ 15% p.a. to the plaintiffs. The plaintiffs have also sent a legal demand notice dt. 22.10.2020 to the defendants for the same. However, defendants did not clear the arrears of rent.

5. Summons were duly served upon the defendants on 02.02.2021, but no WS was filed on behalf of defendants. Therefore, vide order dt. 24.09.2021, the defendants were proceeded Ex­parte.

6. Thereafter, plaintiffs led their Ex­parte evidence and examined plaintiff no. 1 as PW1 who tendered his evidence by way of affidavit which is Ex. PW­ 1/A bearing signature at point A and B wherein he reiterated the contents of the plaint and also exhibited the following documents:

CS No. 1928/20 ABDUL BASIT VS. MOHD. YASIN Page 3 of 5

9. The plaintiffs have duly proved Ex. PW1/1 i.e. copy of relinquishment deed dt. 26.09.2013 which shows that suit property was relinquished in their favour. Ex. PW1/2 i.e. copy of rent agreement dt. 10.08.2016 shows that rent agreement was executed between the father of defendants and the plaintiffs. Plaintiffs have also duly proved Ex. PW1/3 and Ex. PW1/4 which show that father of defendants lastly paid the rent of Rs. 1650/­ per month to the plaintiffs.

CS No. 1928/20 ABDUL BASIT VS. MOHD. YASIN Page 4 of 5