defendant as landlord and tenant and also defendant has admitted that, he was the tenant until vacating of the suit schedule premises. As per the admission made by the defendant, the defendant has vacated the suit schedule property on June 2016. Same was suggested by the counsel for the defendant to the plaintiff. Therefore it is clear that, up to June 2016, the defendant was a tenant under the plaintiff in the schedule property. As per the Judgment passed by this Court in earlier suits, the defendant was defaulter in payment of the rent regularly. Hence the plaintiff has filed the said suit for recovery of rent from December 2014 to April 2015 and in the said Judgment this court was held that, the plaintiff is reserves her right to file the suit for recovery of arrears of rent from December 2015 onwards as admitted by the defendant. The defendant has not challenged the said Judgment and also he has admitted that, there is no any receipts for payment of the rent up to June 2016. After gone through the earlier Judgment, it is clear that the defendant has not paid the rent regularly. Though the defendant has filed written statement and also give the evidence and denied the averments of the plaint, but not produced any documents in respect of payment of the arrears of rent as prayed in the plaint. Mere, they have produced the reply notice is not sufficient to prove the payment of the arrears of rent to the plaintiff. There is no any contradictions to disbelieve the documents produced by the plaintiff and also the counsel of the defendant nothing has been eliciting in the mouth of the plaintiff with regarding the arrears of the rent. Therefore, considering all the materials on hand, it proved that the defendant is defaulter in payment of the rent and also not paid the rents from December 2015 to June 2016.
