GAJANAND MITTAL Vs. ASHOK KUMAR

JUDGEMENT

(1.) THIS appeal has impugned the judgment and decree dated 19.03.2009 which has reversed the findings of the trial Judge dated 19.03.2005. Vide judgment and decree dated 19.03.2005, the suit filed by the plaintiff Ashok Kumar seeking recovery of Rs.1,35,000/ - qua the suit property (i.e.plot No.36, measuring 80 square yards in Khasra No. 25/11, Shiv Ram Park Extension forming part of village Kamruddin Nagar, Nangloi, Delhi had been dismissed. The impugned judgment had reversed this finding; appeal filed by the plaintiff had been accepted; the Court had noted that the plaintiff had become the owner of the suit property vide valid documents of title, general power of attorney, Will, affidavit dated 11.06.1997; the defendant was a mere licensee; he was liable to be ejected; damages/mesne profits @ Rs.2,000/ - per month had also been awarded in his favour.

(2.) THE plaintiff claimed himself to be the owner of the suit property. He had inducted the defendant as a tenant at monthly rent of Rs.5,000/ -; this was vide agreement dated 09.061997. Tenancy was terminated vide notice dated 02.08.1999; defendant was asked to deliver the possession of the property by 10.09.1999; the defendant has also not paid rent w.e.f. 11.06.1987 @ Rs.5,000/ - per month which was calculated @ Rs.1,35,000/ - up to 10.09.1999; mesne profits had also been claimed. Suit was accordingly filed.

(3.) IN the written statement the defence set up was that the defendant owed a sum of Rs.48,410/ - to one Mr. Naresh Kumar; Naresh Kumar had demanded the original documents of the suit property from him in lieu of this loan; defendant had handed over the original title papers of the suit property to Naresh Kumar; the averments in the plaint had been denied; it was further contended that Naresh Kumar is in collusion with the plaintiff; present suit has been filed falsely against the him.