PRAKASH CHAND KHURANA Vs. GOPAL KUMAR BAJAJ

JUDGEMENT

(1.) This appeal has impugned the judgment and decree dated 20.04.04 which has endorsed the finding of the trial judge whereby the suit filed by the Plaintiff, Sh. Gopal Kumar Bajaj, seeking a declaration to the effect that he along with Prakash Chand Khurana (Defendant No. 1) are the joint tenants of the suit property bearing No. 5260-61 Ward No. 6, Bazar, Balli Maran, Delhi, had been decreed in his favour. Along with the decree of declaration, decree of possession and permanent injunction as prayed for had also been granted in favour of the Plaintiff.

(2.) Plaintiff, Sh. Gopal Kumar Bajaj, had relied upon the compromise decree passed between the parties i.e. between the Plaintiff and Defendant No. 1 in an eviction proceedings before the Rent Controller. This compromise decree is dated 1.12.1973. It was averred that an eviction petition had been filed by the landlord i.e. M/s Zeenat Begum (Defendant No. 2) against M/S East India Rubber Works Pvt. Ltd. This was a petition under Section 14 (1) (a) and 14(1)(b) of the Delhi Rent Control Act (DRCA). This petition had been decreed under Section 14 (1) (b) on 11.06.1971 i.e. on the ground of sub-letting. Eviction Order had been passed in favour of the landlord.

(3.) The trial judge had framed two issues: