SHRI RAMDHARI Vs. SHRI VINOD KUMAR SHARMA

JUDGEMENT

(1.) THIS appeal has impugned the judgment and decree dated 26.2.2007 which had endorsed the finding of the trial judge dated 06.2.2006 wherein the suit filed by the Plaintiff Vinod Kumar Sharma seeking possession and mesne profits qua suit premises bearing No. WZ -1087, Gali No. 11, Sadh Nagar, Palam Colony, New Delhi (hereinafter referred to as "the suit property) had been decreed in his favour.

(2.) CASE of the Plaintiff is that the suit property was originally owned by Kamla Devi; she had died on 02.9.1979; she was survived by three sons and five daughters. Her daughter namely Rekha on behalf of the other legal heirs of her deceased mother had executed a registered deed of relinquishment dated 31.12.1981(Ex.PW -3/2) in favour of their brother Narinder Kumar qua the suit property. Narinder Kumar thereafter vide registered sale deed dated 15.4.1983 Ex.PW -3/1 had sold this property to the Plaintiff namely Vinod Kumar Sharma. Defendant had been inducted as a tenant at monthly rental of Rs.30/ - by the erstwhile owner Smt. Kamla Devi; Defendant had attorned in favour of the Plaintiff and recognized him as a landlord. The Plaintiff had terminated the tenancy of the Defendant vide two notices, one dated 01.12.1982 and the subsequent notice dated 05.5.1983 under Section 106 of the Transfer of Property Act. These notices are not in dispute.

(3.) TRIAL Judge had framed the following 12 issues.