LAWS(DLH)-2011-1-26

NARESH CHAND SHARMA Vs. HARBANS LAL

Decided On January 19, 2011
NARESH CHAND SHARMA Appellant
V/S
HARBANS LAL Respondents

JUDGEMENT

(1.) (Oral) This appeal has impugned the judgment and decree dated 14.12.2010 which has endorsed the finding of the trial judge dated 20.8.2010 whereby the suit of the plaintiff Harbans Lal seeking possession of the suit property i.e. KG-II/130, LIG Flats, Ground Floor, Vikaspuri, Delhi had been decreed.

(2.) THE case of the plaintiff that he is the owner of the suit property. Defendant was his tenant by virtue of a rent agreement. THE rent was `4000/- per month which was exclusive of electricity and water charges. THE defendant was his tenant w.e.f. 28.5.1999 for a period of eleven months in terms of the lease deed dated 27.5.1999. He has not paid arrears of rent since 28.5.1999. Legal notice dated 28.8.2010 was issued to him terminating his tenancy but in spite of that he has filed to vacate the suit property.

(3.) PLAINTIFF in support of his case had led oral as also documentary evidence which included the rent deed Ex.PW-1/2 dated 27.5.1999. Legal notice dated 28.8.2000 had been proved as Ex.PW-1/3. The defendant has also adduced oral evidence. On the basis of the oral and documentary led by the parties the suit of the plaintiff was decreed. The impugned judgment had affirmed this finding.