MADHO RAM BUDH SINGH Vs. NATIONAL RIFLE ASSOCIATION

JUDGEMENT

(1.) This Appeal is directed against Judgment and decree dated 31st January 1997 passed by the Court of Additional District Judge, Delhi dismissing the Suit for ejectment filed by the appellant against the respondent holding that the notice does not disclose any justifiable cause and sufficient ground for determination of the lease.

(2.) Facts giving rise to this appeal briefly are that on 21st December 1989 the appellant (plaintiff) filed a Suit against the respondent (defendant) for possession of commercial Flat No. 46 and 49, 1st floor, Raghushree Shopping Complex, Ajmeri date, Delhi alleging therein that the premises were with the respondent at a monthly rent of Rs. 3516.70p.; requisite permission from the Slum Authority was obtained to institute the eviction proceedings in respect of suit premises; the tenancy of the respondent was from month to month basis, which was terminated vide notice dated 9th September 1989 and the respondent failed to handover the vacant possession of the premises by the end of 31st October 1989.

(3.) The respondent while opposing the suit in written statement took up several the pleas, that the lease was for an indefinite period and there was no question of termination of the tenancy; the premises in question were taken on rent with the permission of the Commissioner of Police, Union of India and other Authorities, therefore, they were the necessary parties and thus Suit was bad for non-joinder of the necessary parties; that the notice of termination of the tenancy was notroper and legal as the respondent had not committed breach of any term of the tenancy; jurisdiction of the Court and valuation of the suit, were also challenged.