KAMLA DEVI Vs. LAXMI DEVI

JUDGEMENT

(1.) This appeal raises a short question as to whether the suit plot is 'premises' within the meaning of Section 2(i) of Delhi Rent Control Act, 1958.

(2.) In this appeal the appellant has challenged the correctness of the judgment of the Delhi High Court dismissing her second appeal (R.S.A. No. 105 of 1994) on November 28, 1997. The appellant is the landlady and the respondent is the tenant.

(3.) The facts giving rise to this appeal are not in controversy. The appellant is the owner of property bearing No. 417, Masjid Moth, New Delhi, (consisting of the big room) which was let out by her to the respondent. There is a vacant land of appellant adjacent to the said property of which an open plot of land measuring 9' x 7' (hereinafter referred to 'the suit plot') is the subject-matter of the suit out of which this appeal arises. The respondent had unauthorisedly constructed a latrine on the suit plot which gave cause to the appellant to file Suit No. 79 of 1978 in the Court of Senior Sub-Judge, Ist Class, Delhi, praying for a mandatory injunction directing the respondent to demolish the construction made by her on the suit plot. But the parties settled their dispute and filed a compromise under which the respondent became the tenant of the suit plot on a monthly rent of Rs. 5/- and the suit was dismissed as withdrawn on March 27, 1978.