Smt. Shanti Devi vs Shri Jitender Singh on 25 August, 2011
As per the case of the petitioner, the
petitioner has not paid the rent of the premises since 01.11.2007, whereas the
respondent has denied this allegation and has alleged that he has paid the rent
up to July 2010 but the petitioner has not issued any rent receipt. It is admitted
by the RW 1 that there was no counter foil of the rent receipt which suggest
that earlier the rent receipt were being issued against the payment of rent. Even
the PW 1 has denied that no rent receipt was being issued after the payment of
the rent which also suggest that the rent receipt was issued earlier but no rent
receipt has been placed on record. During the course of arguments, Ld. counsel
for the petitioner has relied upon a judgment titled Pramila Shrirengaraja &
Ors. Vs. R. Kannan of Madras High Court, C.R.P. (MD) NO. 2301 of 2008,
in which it has been held that if the landlord refuses to issue the receipt, the
remedy is available to tenant under the Act to proceed against the landlord.
Hence, it cannot be contended by the tenants that the tenants have paid the rent
E. No. 06/10 6 of 7
and the landlord has not issued the OF receipt.