defendant/respondent used to collect the rent as and when required and sometimes for months together and there is no practice to issue monthly rent receipts. The defendant/respondent used to collect the rent till December 2006 in the second week of January 2007 and thereafter, started harassing the plaintiff/petitioner demanding him to vacate the suit premises on 17.01.2007. Considering such undue harassment to the plaintiff/petitioner the suit was filed for permanent injunction restraining the defendant/respondent from ejecting the petitioner without going through due process of law. The defendant/respondent entered appearance and filed the counter claim for ejectment of the plaintiff/petitioner on the ground of defaulter. It is the contention in the written statement-cum- counter claim that since January 2005 the monthly rent of the tenanted premises was Rs.3,200/- payable within first week of every succeeding month. The plaintiff/petitioner used to pay the house rent, but since November 2006 he failed to pay the rent in the month of December 2006 as per the agreed terms. On 17.01.2007, the defendant/respondent asked the plaintiff/petitioner to pay the rent which he assured to pay. Instead of paying the rent, the suit was filed and the plaintiff/petitioner defaulted in paying the rent for the subsequent months and became defaulter. Accordingly, he sought for ejectment of the plaintiff/petitioner. Written statement was filed against the counter claim by the plaintiff/petitioner wherein he pleaded that he is a tenant under the defendant/respondent on the monthly rent fixed at Rs.1,470/- The rent for the month of December 2006 was paid on 12.01.2007. The plaintiff/petitioner always offered the rent but the defendant/respondent refused to accept the same and as such, he was paying the rent in the court on the basis of the said defence. The plaintiff/petitioner sought for dismissal of the counter claim.
