RAJESH VERMA Vs. KESHAV DUTT SHARMA

JUDGEMENT

(1.) THIS appeal has impugned the judgment and decree dated28.04.2011 which has endorsed the finding of the trial Judge dated 12.09.2008 whereby the suit filed by the plaintiff Keshav Dutt Sharma seeking possession of the suit property i.e. property bearing No. RZ-35-F, Raj Nagar-II, Dada Chatri Wala Marg, Palam Colony, New Delhi along with damages had been decreed.

(2.) THE plaintiff claimed himself to the owner of the aforenoted suit property. It comprised of a shop. It had been tenanted out to the defendant at a monthly rent of Rs.700/- per month w.e.f. 01.11.1989 vide written agreement dated 14.12.1989. It was agreed that the suit shop could be used for running the business of defendant No. 1; defendant No. 1 without any written permission parted with the possession of the suit shop in favour of defendant No. 2; defendant No. 1 is in arrears of rent w.e.f. 01.03.1993. Vide legal notice dated 29.05.1995 (Ex. PW-1/2) the tenancy of the defendant was terminated w.e.f. 31.08.1995; defendant is an unauthorized occupant; damages of Rs.100/- per day had also been claimed.

(3.) ORAL and documentary evidence was led. The court was of the view that there is no bar under Section 50 of the DRCA; the notification dated 12.04.2002 under Section 507 (a) of the Delhi Municipal Corporation Act (DMC) relied upon by the defendant holding that the suit land had become urban by virtue of which the DRCA has been extended to Palam Village had been rejected as the Court had noted that in view of the judgment of the Apex Court reported in Mitten Bain Jain Vs. Shakuntla Devi DCLR 2000 (2) Delhi 271, a second notification under Section 1 (2) of the DRCA had also to be promulgated before the provisions of DRCA are made applicable in terms of the said notification dated 12.04.2002; the second notification not having been followed by the first notification, this issue was decided in favour of the plaintiff; Palam Village had been held not to be included within the purview of the DRCA; the suit of the plaintiff was decreed along with damages @ Rs.100/- per day.