DINESH RAJ GUPTA Vs. MAHENDER SINGH AND ORS.

JUDGEMENT

(1.) THIS matter is on the "Regular Board" of this Court since 3.1.2011. Today, this matter is effective item No. 9 on the "Regular Board". It is 2.45 P.M. and no one has chosen to appear for the parties. I have therefore perused the record and am proceeding to dispose of the appeal.

(2.) THE challenge by means of the present regular first appeal under Section 96 of the Code of Civil Procedure, 1908, is to the impugned judgment and decree dated 27.4.2001 whereby the suit of the Appellant/Plaintiff for recovery of rent -cum -damages was dismissed. The claim of the Appellant/Plaintiff was based on the ground that the tenant Sh. Daya Nand (who died during the tendency of the suit and was represented by his legal heirs being the sons and the widow) made illegal construction in the suit property bearing No. E -35, Guru Nanak Road, Adarsh Nagar, Delhi i.e., tin sheds were converted to regular construction, and as a result of which, firstly the property tax increased on account of increase in rateable value to Rs. 3,240/ - and thereby increasing the property tax calculated at rent of Rs. 300 per month and thereafter further to Rs. 7,780/ - w.e.f. 1.4.1983 increasing the property tax to Rs. 780 per month of rent. Future damages accordingly were also claimed and therefore the following amounts were claimed.

(3.) THE trial court has rightly arrived at a finding that therefore no enhanced rent was payable on account of increase of property tax because in fact in reality neither enhancement in the rate of property tax was not proved by filing of assessment orders and nor in fact actual enhanced house tax was paid. The trial court has also held that the suit was filed on 23.3.1988 and therefore the claim except from 1.4.1983 to 29.2.1988 was barred by time. The relevant portion of the impugned judgment is para 9 and which para reads as under: