CHIRANJI LAL RAMJI DASS Vs. PYARE LAL SHARMA

JUDGEMENT

(1.) THIS appeal has impugned the judgment and decree dated 21.8.2007 which has endorsed the finding of the trial judge dated 27.9.2004 whereby the suit filed by the plaintiffs M/s Chiranji Lal Ramji Dass and Ors. seeking mandatory and permanent injunction to the effect that the defendant be directed to vacate the suit property (i.e. the property bearing no.5579, Naya Bazar, First Floor, Delhi) with an additional prayer of permanent injunction had been dismissed. The impugned judgment had endorsed this finding of the trial judge. However findings on issue nos.4 and 8 had been set aside; defendant was held to be a tenant in the suit property at a monthly rental of '64/-; the suit was held to be barred under Section 50 of the Delhi Rent Control Act (hereinafter referred to as ,,the DRCA); plaintiffs had failed to prove their locus standi to file the present suit. Suit stood dismissed.

(2.) THE factual matrix is as follows:

(3.) THIS is a second appeal. It has been admitted and on 10.3.2011 the following substantial question of law was formulated: Whether the findings in the impugned judgment dated 21.8.2007 are perverse? If so, its effect?