PRIKSHIT RAJ MEHRA Vs. BIMLA DEVI

JUDGEMENT

(1.) THIS appeal has impugned the judgment and decree dated 17.04.2004 which had endorsed the findings of the Trial Judge dated 11.09.2001 whereby the suit filed by the plaintiff, Smt. Bimla Devi, seeking possession of the suit property i.e. property bearing shop no. 40 A, Khan Market, New Delhi had been decreed.

(2.) CASE of the plaintiff is that one Captain Anant Singh was a licencee in respect of afore-noted suit property. Defendant no. 1 had taken over the licence from Captain Anant Singh and is since in possession of the said shop at the monthly licence-fee of ' 300/- excluding electricity and water charges. The defendant is running a business of a printing press in the afore-noted suit property.

(3.) DEFENDANTS contested the suit. Bar of Section 50 of the Delhi Rent Control Act was invoked. It was stated that the defendant is a tenant in the suit premises and not a licencee. The suit property had not been properly valued for the purpose of court fee and jurisdiction.