LAWS(DLH)-2021-9-306

SATENDER JAIN Vs. SATYA NARAIN SANJIV GUPTA HUF

Decided On September 09, 2021
Satender Jain Appellant
V/S
Satya Narain Sanjiv Gupta Huf Respondents

JUDGEMENT

(1.) This hearing has been done through hybrid mode.

(2.) The present petition arises out of impugned judgment and decree dtd. 9/5/2019 of the ld. Court of Additional District Judge (Central), Delhi (hereinafter "Appellate Court") by which the appeal filed by the owner/landlord/Respondent (hereinafter "Plaintiff") had been allowed. The said appeal arose out of judgment/decree dtd. 8/3/2018 by which the ld. Court of Civil Judge (Central) Tis Hazari Courts, Delhi (hereinafter "Trial Court") had dismissed the suit filed by the Plaintiff.

(3.) The premises in question is Flat No.3677, Chawri Bazar, Delhi-06 (hereinafter "suit property"). The same was let out by the Plaintiff to Shri Roshan Lal, the sole proprietor of M/s Steel and Metal Stores. The said tenancy was terminated vide notice dated 14 th March, 1973 w.e.f. 30/4/1973. According to the Plaintiff, the tenant had become a statutory tenant post the said notice as of April, 1973. After the death of Mr. Roshan Lal, his wife - Mrs. Premwati had inherited the tenancy but after her death, the children of Mr. Roshan Lal (hereinafter "Defendant") continued to remain in occupation. In the suit, the Plaintiff prayed for ejectment of the Defendant from the suit property and mesne profits. The prayers are as under:-