NARENDER KUMAR JAIN Vs. PRADEEP KUMAR JAIN

JUDGEMENT

(1.) THIS appeal has impugned the judgment and decree dated 08.05.2008 which has reversed the finding of the trial Judge dated 26.05.2007. Vide judgment and decree dated 26.05.2007 the suit filed by the plaintiff Narender Kumar Jain seeking possession of the suit property (i.e. shop No. 18, forming part of property No.X/4058, ground floor, Jain Cloth Market, Gali No. 17, Shanti Mohalla, Gandhi Nagar, Delhi 110031) as also damages had been decreed in favour of the plaintiff. The impugned judgment had reversed this finding; suit stood dismissed.

(2.) THE plaintiff claimed himself to be owner of aforenoted suit property. On 03.08.2001, an agreement had been entered into between the parties for a period of 12 months by virtue of which the plaintiff had given this shop to the defendant for the purpose of running his cloth business; the contractual amount was `2,000/- per month; the defendant was paying this amount regularly; it was agreed that if this amount is not paid, the defendant would not be permitted to carry out his business and the plaintiff will have the right to cancel this agreement before its expiry. THE defendant thereafter failed to pay the agreed amount i.e. between August, 2001 to October, 2001; the amount of `6,000/- became due. THE agreement stood terminated vide legal notice dated 01.11.2001; the premises was not handed over; the plaintiff had also claimed damages @ `5,000/- per month.

(3.) ORAL and documentary evidence was led. The court was of the view that the defendant has failed to show that the suit property is covered by the DRCA; the plaintiff is entitled to a decree; suit premises were given to the defendant only as a licensee and license stood terminated. Suit of the plaintiff had been decreed.