LAWS(DLH)-2011-2-505

SH. AJAY JAIN Vs. SH. T.L. JUNEJA

Decided On February 08, 2011
Sh. Ajay Jain Appellant
V/S
Sh. T.L. Juneja Respondents

JUDGEMENT

(1.) THE challenge by means of the present Regular First Appeal under Section 96 Code of Civil Procedure, 1908 is to the impugned judgment and decree dated 2.12.2010 whereby the suit of the Respondent/plaintiff for recovery of possession has been decreed against the Appellant/tenant under Order 12 Rule 6 Code of Civil Procedure.

(2.) THE admitted facts are that the Appellant became the tenant of ground floor at the rate of rent of Rs. 9,500/ - per month w.e.f. 1.11.2007 for a period of 11 months. Therefore, the rate of rent being more than Rs. 3,500/ - the tenancy was outside the purview of the Delhi Rent Control Act, 1958 and that there is a relationship of landlord and tenant between the parties is not disputed. The Appellant was served legal notice dated 18.5.2010 for termination of tenancy and which the trial court has held that the same is deemed to have been served in view of Section 2(27) of General Clauses Act, 1897 because it has been sent to an address, which the Appellant did not dispute was his address.

(3.) LEARNED Counsel for the Appellant very vehemently contended that the Respondent had taken a loan of Rs. 5 lakhs from the Appellant and which was repayable with interest @ 2% per annum and as per the said agreement it was agreed that till the amount is repaid, the Appellant will be entitled to continue to be in the possession of tenanted premises by virtue of Section 111(b) of the Transfer of Property Act, 1882. It is accordingly contended that the tenancy could not have been terminated. Learned Counsel for the Respondent in reply has argued that the alleged agreement of loan is in fact a forged and fabricated document.