SAIF UI REHMAN Vs. AKBAR ALI

JUDGEMENT

(1.) Having heard the learned counsel for the parties at sufficient length this appeal is being finally disposed of at this stage itself.

(2.) This appeal is directed against the judgment and decree dated 30/8/1999 passed by the learned Civil Judge, Delhi and confirmed in first appeal by the learned Additional District Judge, Delhi vide its order dated 18/8/01.

(3.) Briefly, the facts leading' to the present second appeal are that the respondent herein filed a suit for possession against the appellant claiming that he was lessee of Mst. Saeeda Mahmooda KhaJa Bano Nizami in respect of the land underneath the 'super structure bearing No.70, Mohalla Kot. Basti Nizamuddin, New Delhi on a monthly, rent of Rs.20.00. The super scructure was raised by the plaintiff himself. Around December 1975 on the request 'of his brother, the appellant was allowed to live in portion of the said house as he had then shifted to Delhi and had no other accommodation. The appellant had promised to vacate.the portion of the house as soon as some other suitable accommodation was acquired by him. The petitioner, however, refused to vacate the portion of the said house despite repeated requests during the period between 1976 to 1978 and instead starting disowning the title of the respondent and claiming himself to be the owner of the premises and got allotted a separate number 70-B to the portion in his own name/for the purpose of payment of house-tax, water ; and electricity charges.