S AMARJEET SINGH Vs. HARINDER KAUR

JUDGEMENT

(1.) This appeal has impugned the judgment and decree dated 21.7.2010 which had endorsed the finding of the trial judge whereby the suit of the Plaintiff Harinder Kaur seeking possession, permanent injunction and mesne profits 200/- per month had been decreed.

(2.) The Appellant before this Court was the Defendant before the trial judge. His contention was that after the death of his father on 04.3.2000 the Appellant being financially dependent upon his father had inherited the tenancy from his father and in terms of Section 2(l) of the Delhi Rent Control Act 1958 (hereinafter referred to as 'the DRCA') he was entitled to retain the accommodation in his independent capacity.

(3.) The suit premises are bearing property No. 5039 & 5005, Chamanganj Street, Roshnara Road, Subzi Mandi, Delhi. Plaintiff is undisputedly the owner of the said property. The property had been leased out to Iqbal Singh. The Plaintiff vide legal notice dated 08.9.1998 had terminated the tenancy of Iqbal Singh who thereafter became a statutory tenant. Iqbal Singh expired on 04.3.2000. The eviction proceedings pending inter se between the parties were dismissed after the death of Iqbal Singh. The present suit was filed by the Plaintiff after the expiry of one year of the death of Iqbal Singh alleging the Appellant to be a trespasser and an unauthorized occupant in terms of Section 2(l) of the DRCA.