JEEVAN DIESELS & ELECTRICALS LTD Vs. JASBIR SINGH

JUDGEMENT

(1.) The challenge by means of this Regular First Appeal under Section 96 of the Code of Civil Procedure, 1908 (CPC) is to the impugned judgment and decree dated 14.12.2010 which has decreed the suit of the Respondents/Plaintiffs for possession of the suit premises against the Appellant who was a tenant. The facts of the case are that the premises being flat No. 205 (2nd floor), Arunachal Building, 19, Barakambha Road, New Delhi, was let out to the Appellant/Defendant vide an unregistered lease deed dated 7.7.2003 at a monthly rent of Rs. 23,200/- for a period of three years from 7.7.2003. The tenancy of the Appellant/Defendant was terminated vide notice dated 15.7.2006 and whereafter the suit was filed on 24.7.2007 for possession of the suit premises and for mesne profits.

(2.) This case has a slightly chequered history inasmuch as earlier the suit for possession was decreed under Order 12 Rule 6 Code of Civil Procedure, however, the Hon'ble Supreme Court vide its judgment dated 7.5.2010 remanded the case back to the trial Court on the ground that there were no admissions and therefore the suit required trial.

(3.) The case was thereafter fixed in the trial Court after the judgment of the Supreme Court dated 7.5.2010 and though the Respondents/Plaintiffs led evidence, the Appellant/Defendant did not lead evidence in spite of opportunities given and consequently its right to lead evidence was closed. The impugned has judgment thereafter been passed by the trial Court.