(1.) THIS appeal has impugned the judgment and decree dated 09.5.2003 which had reversed the finding of the trial judge. The trial judge vides judgment and decree dated 04.1.2003 had decreed the suit of the Plaintiff Hans Raj for possession and damages. The impugned judgment had dismissed this suit.
(2.) THE Plaintiff is stated to be owner of property bearing No.C -33, Punjabi Basti, Sultan Pur Road, Nangloi Jat, Delhi. The Defendant was a tenant in respect of one shop at monthly rental of Rs. 250/ - exclusive of electricity and other charges. Tenancy of the Defendant was terminated by efflux of time as also in terms of the notice of termination of tenancy duly served upon the Defendant. Defendant was also in arrears of rent and he had not paid the same in spite of repeated requests. Damages @Rs.250/per month till delivery of the suit property and thereafter @ Rs. 500/ - per month were claimed.
(3.) FROM the pleadings of the parties, the following five issues were framed: