LAWS(DLH)-2011-3-20

FATEH CHAND Vs. PURSHOTTAM DASS

Decided On March 03, 2011
FATEH CHAND Appellant
V/S
PURSHOTTAM DASS Respondents

JUDGEMENT

(1.) THIS second appeal has impugned the judgment and decree dated 19.07.2004 which had endorsed the finding of the trial Judge dated 05.03.2004 whereby the suit filed by the plaintiff Purshottam Dass seeking possession and ejectment of the defendant from the suit property i.e. property bearing Plot No. IX/1648, Gandhi Nagar, Multani Mohalla Road, Delhi measuring 180 square yards had been decreed in his favour.

(2.) THE case of the plaintiff was that the aforenoted plot had been let out to the defendant; rent deed had been executed between the parties; the defendant had thereupon constructed a temporary structure i.e. a tin shed. Since it was an open piece of land, provision of Delhi Rent Control Act (hereinafter referred to as ,,DRCA) were not applicable. Inspite of legal notice terminating his tenancy dated 24.11.1998 (Ex.PW-1/2), the defendant failed to vacate the suit property. Suit was accordingly filed.

(3.) THE trial Judge was of the view that the suit was not barred under Section 50 of the DRCA as it was a vacant plot of land; legal notice dated 24.11.1998 had validly terminated the tenancy of the defendant; it was a month to month tenancy; postal receipt had been proved as Ex.PQ-1/12.