HANS RAJ Vs. RAGHUVIR SINGH

JUDGEMENT

(1.) This Regular First Appeal is preferred by the appellant against the judgment and decree dated 11.07.2014 passed by the learned Additional District Judge-02/South-East District, Saket Courts, New Delhi/ (hereinafter as the learned 'Trial Court') in CS No.194/2012 whereby the suit for possession and mesne profits in respect of property No.20, Yusuf Sarai, Main Market, New Delhi -110016 (hereinafter referred as "žsuit property') was decreed under Order XXII Rule 6 CPC in favour of the respondents herein.

(2.) The brief facts which led to the filing of this appeal are the respondents are admittedly the owners of the building bearing No.20/5, Yusuf Sarai Market, Aurobindo Marg, near Green Park Metro Station, New Delhi - 110016; the suit property being one shop (two storyed) admeasuring 300 (10x30) square feet on each floor comprised in the said building was in the tenancy of appellant since 1960's (he being a tenant under the then owners / landlords at a rental of Rs.8/- per month). The appellant/tenant paid rentals of suit property to him @ Rs.8/- per month for the period ending 1989. Thereafter, he fell into arrears and did not tender, pay or even deposit, the rentals that accrued in respect of suit property either to the owner/landlord in the Court of the learned Rent Controller or Delhi. The appellant invariably continued to assert his tenancy rights in respect of suit property till August 2008.

(3.) On 28.08.2008 the appellant wrote to the Monitoring Committee appointed by the Supreme Court once again propounding / asserting that he was a tenant in the suit property at a rental of Rs.8/- per month under the owners/ landlords namely Sh.Raghubir Singh and Sh.Amarjit Singh. On 08-09-11.2008, the appellant instituted in the Court of learned District Judge / Sr. Civil Judge (South District) New Delhi three civil suits (a) for the relief of declaration; (b) for the relief of perpetual injunction; and (c) for recovery of damages on account of losses suffered by the appellant and / his stocks due to seepage of water into the suit property. In all these three suits, the appellant for the first time alleged/propounded the facts that he has become an owner by adverse possession of shop at ground floor, first floor as well as on the second floor room situated at 20/5, Yusuf Sarai, New Delhi.