out the same to the petitioner under lease agreement dated 28.05.2008 on a monthly rent of Rs.44,226/- i.e., Rs.26,536/towards rent and Rs.17,690/- towards hire charges for amenities payable before 10th of every succeeding month. The petitioner herein paid Rs.1,32,678/- towards interest free deposit refundable on the date of vacating the premises. The rent was agreed to be enhanced at 5% every year from 01.05.2009. As there was willful default in payment and hire charges, the plaintiff got issued legal notice dated 01.11.2009. As there was no response, the plaintiff issued termination notice dated 15.12.2009 calling upon the defendant to vacate the premises within 15 days and pay arrears of rent in a sum of Rs.3,97,934/- till the end of November 2009. As the defendant did not give any reply in spite of receiving notice, the suit was filed. The petitioner herein-defendant filed a written statement contending that the lease agreement is created for the purpose of suit and even other wise, the said document is inadmissible. The petitioner further disputed the jural relationship between the parties. According to the defendant, he agreed to purchase the flat and paid amounts to the plaintiff’s husband and subsequently, he came to know that neither the plaintiff nor her husband are having any rights in the property. During the enquiry before the trial court, Exs.P.1 to P.8 were marked on behalf of the plaintiff. The trial court observed in the impugned order that as seen from the rival contentions, of course, the defendant denied the relationship of landlord and tenant, but however granted relief on the ground that the defendant has admittedly paid an amount of Rs.44,226/- to the plaintiff for one month and subsequently, from March 2009 he failed to pay and he has not stated as to how he came in to possession of the flat, when admittedly, he is not the owner. Thus, virtually drawing an inference as to the existence of jural relationship, the trial Court directed the defendant to deposit arrears of rent in a sum of Rs.4,55,527/- and also continue to pay at the rate of Rs.44,226/- per month.
