AJAB SINGH Vs. MUKESH CHAND GUPTA

JUDGEMENT

(1.) This appeal has impugned the judgment and decree dated 26.09.2007 which had endorsed the findings of the trial Judge dated 23.01.2007 whereby the suit filed by the Plaintiff seeking possession of the suit property i.e. property bearing No. 1/5294, Gali No. 10, Balbir Ngar, Shahdara, Delhi leased out at a rental of 2,800/- per month had been decreed.

(2.) The Plaintiff claimed himself to be owner of the aforenoted suit property. It had been let out to the Defendant @ 2,800/- per month. It was contended that the suit property is located in Village Sikdarpur/Babarpur; the Defendant cannot seek protection under the Delhi Rent Control Act (DRCA); the Defendant is a chronic defaulter in making the payment of license fee; inspite of legal notice dated 08.08.2001, he had not vacated the suit property.

(3.) The Defendant contested the suit. In the written statement, it was stated that the bar of Section 50 of DRCA is applicable. On merits, the receipt of the notice was denied; it was denied that the Plaintiff is entitled to recovery of suit property.