RAFI AHMAD KHAN Vs. JALALUDIN

JUDGEMENT

(1.) THIS appeal has impugned the judgment and decree dated 01.10.2010 which has endorsed the finding of the trial judge dated 01.5.2010 whereby the suit filed by the plaintiff<RP> Jalaludin</RP> seeking possession of the suit property i.e. the property bearing No.152/2, Gali No.536, Gali No.8, Main Road Jafrabad, Markazi Chowk, Seelampur, Delhi (hereinafter referred to as the suit property.) had been decreed in his favour.

(2.) THE case of the plaintiff is that he is the owner/landlord of the suit property. It had been let out to the defendant vide rent agreement dated 10.02.1970; rent was Rs.40.00 per month. The defendant had failed to pay the rent w.e.f. 01.10.2005. Legal notice was issued. The defendant was asked to vacate the suit property but he paid no heed. Suit was accordingly filed.

(3.) FROM the pleadings of the parties five issues were framed. Oral and documentary evidence was led which included PW-2 Halka Patwari, Village Jafrabad who had appeared from the office of the SDM Seelampur. PW-2 had deposed that Village Jafrabad is a separate revenue estate. This was as per the summoned record. Khatoni and Khasra of the aforenoted suit property has been proved as Ex.PW-2/1; on oath it was stated that Village Jafrabad is a rural area and Beroz Village (un-inhabitable area).