FRONTIER BISCUITS FACTORY PRIVATE LIMITED Vs. VEERAN DEVI

JUDGEMENT

(1.) Respondent No.1 filed Suit No. 21/91 for recovery of possession of Shop No. 16/2 in Ashok Vihar, Delhi of which she claimed to be the tenant. She alleged that she was illegally dispossessed by Respondent No. 2 (landlord) by inducting appellant herein after she had lost her mental balance which had kept her away for three years or so.

(2.) The landlord (R-2) resisted the suit on the plea that she had surrendered possession of Shop to him on 12.10.85. Thereafter premises was rented out to petitioner herein.

(3.) Trial court framed issues in the suit, of which following three issues are material for disposal of this appeal: (i) Whether plaintiff was tenant of Shop No. 16/2, Ashok Kumar, Delhi. (ii) Whether plaintiff and her son had voluntarily surrendered the possession. (iii) Whether plaintiff has been illegally dispossessed from shop. First issue was decided against plaintiff/(R-1) and second in her favour but her suit was dismissed. She took appeal against this and 1st Appellate court held her to be a tenant on the basis of landlord's own admission. It also affirmed the finding of trial court on second issue concluding that plaintiff had not surrendered the possession and was illegally dispossessed.