KRISHAN LAL Vs. KARTAR SINGH AHUJA

JUDGEMENT

(1.) This appeal has impugned the judgment and decree dated 18.02.2010 which had reversed the findings of the trial Judge dated 17.09.2005 whereby the suit filed by the plaintiff Kartar Singh Ahuja seeking possession, damages and mesne profits qua the suit property i.e. premises No. IX/6107, old No. 513/26, main Road, Gandhi Nagar, Delhi had been dismissed. The impugned judgment had reversed this finding; suit had been decreed.

(2.) The case of the plaintiff was that Ram Lal was a statutory tenant in his shop at a monthly rent of Rs. 73.15 paise. His tenancy had been terminated vide legal notice dated 14.08.2000 (Ex. PW-1/5) terminating its tenancy w.e.f. 30.08.2000. Ram Lal had admittedly died on 22.01.2001. Contention of the plaintiff was that the defendants who are the brothers of the deceased Ram Lal were not the tenants under him. They had not inherited the tenancy from Ram Lal; they were unauthorized occupants.

(3.) The defence of the defendants was that they were tenants in their own right; they did not claim themselves to be the legal representatives of their deceased brother. This was specifically contented in para 4 of the written statement. The defence of the defendants as is evident from the perusal of the written statement is that after the death of Ram Lal, the plaintiff had approached defendant No. 1 and he had demanded a sum of Rs. 50,000/- from him as advance rent to treat him as a tenant i.e. w.e.f. the date of death of Ram Lal. Defendant No. 1 had in fact paid Rs. 50,000/- in cash to the plaintiff as rent of the shop. The defendants had thereafter acquired the status of independent tenants. It was specifically averred that they are not the legal heirs of Ram Lal and they are not claiming any interest in the property on that count; defendant No. 1 was a tenant of the property in his own right. This was a joint written statement of both the defendants. The defence set up by defendant No. 2 was also to the effect that he was not claiming any interest as a legal heir of his deceased brother.