SHAMSHUDDIN Vs. MUSTAFA

JUDGEMENT

(1.) Vide this common order aforementioned appeals are being disposed of together. Respondent filed a suit for possession against appellant on the ground that he is owner and landlord of property No. A -222, 1/6 Bhagirathi Vihar, Karawal, Delhi. He had inducted the appellant as a tenant in respect of one shop on the ground floor on a monthly rent of Rs. 363/ - excluding all other charges. The tenancy was month -to -mouth tenancy. Appellant had failed to pay rent after July, 2007. Respondent also needed the shop for himself and therefore he terminated the tenancy of the appellant vide legal notice dated 2nd January 2009, which was duly received by the appellant and was replied by him reply dated 6th January, 2009. Appellant challenged the jurisdiction of the Civil Court to entertain the present suit on the plea that it was barred under Sec. 50 of the Delhi Rent Control Act (hereinafter referred to as 'DRC Act').

(2.) After the pleadings were complete, respondent moved an application under Order XII Rule 6 CPC seeking a decree for possession on the ground of clear admission of facts by the appellants. Said application was allowed by the Trial Court vide its order and decree dated 8th September, 2009.

(3.) Challenge to the said judgment and decree by the appellant vide RCA No. 29/09 also failed and the appeal was dismissed vide impugned judgment and decree dated 15th January, 2010. Hence, this second appeal.