BANSI LAL KOHLI Vs. SURJIT SINGH SAHNI

JUDGEMENT

(1.) THIS appeal has impugned the judgment and decree dated 6.2.2010, which has reversed the finding of the trial judge dated 17.11.2004. Vide judgment dated 6.2.2010 the suit of the plaintiff seeking recovery of Rs.1,28,543/- had been dismissed. Impugned judgment had reversed this finding. Suit stood decreed.

(2.) PLAINTIFF claimed to be owner of property bearing no.725- 726, Chota Bazar, Kashmere Gate, Delhi. He had purchased it from Amar Nath vide sale deeds dated 8.4.1993 and 22.2.1993. Defendant was an old tenant of the suit premises. Tenancy was for a commercial purpose at the rate of Rs.440. Suit property comprised of a 2 ? storied building; in 1975, two other tenants had surrendered their tenancy and the same had been given to the defendant by the erstwhile owner. In the first quarter of 1991 additions and alterations in the suit property carried out by the defendant had changed the character of the property; they were in utter disregard of the municipal bye-laws; rateable value of the property tax was enhanced from Rs.1670/- to Rs.7,20,000/-; objections were filed by owner; notice has been issued to defendant on 21.9.1992 to demolish this illegal and unauthorized construction. MCD thereafter reduced the rateable value from Rs.7,20,000/- to Rs.33,120/- w.e.f. 1.4.1988. Enhancement of the rateable value is only because of the illegal construction raised by the defendant. Defendant is liable to pay the difference in the property tax as this cannot be the liability of the plaintiff. Legal notice dated 21.2.1995 has also been sent to the defendant. The present suit has accordingly been filed.

(3.) ORAL and documentary evidence was led. Suit of the plaintiff was dismissed by the Trial Court.