K B MATHUR Vs. SHEEL KUMAR SAXENA

JUDGEMENT

(1.) These two suits have been consolidated and directionshave been given for recording the proceedings in Suit No. 1113/84. Argumentshave been heard in detail and I proceed to the Judgment.

(2.) Admitted facts of the case, in brief, are that vide two lease-deedsexecuted on 30/11/1974, defendant No. 1, who is owner of propertyNo. 16, Paschim Marg, Vasant Vihar, New Delhi, had let out the main buildingto Shri K.B. Mathur, plaintiff No. 1, at the rental of Rs. 1,500.00 per mensemand the portion comprising of two garages termed as "Garage Block" locatedin the same very property to plaintiff No. 2. Smt. Satbir Mathur, wife of plaintiff No. 1, at the rental of Rs. 300.00per mensem. Defendant No. 1 was at therelevant time employed as Deputy Commissioner of Police in DAP in Delhiwhile defendant No. 2 is his real brother. Plaintiff No. 1 was working as District Manager of M/s. That Airways International Limited.

(3.) It is the case of the plaintiffs that till 21/05/1982, there was nodifferences between the plaintiffs and the defendants and plaintiffs had enjoyedpeaceful and uninterrupted possession of the portions in their respective tenancy.Defendant No. 1 at the time of the creation of tenancy was posted outsideDelhi and had authorised his real brother defendant No. 2 vide letter dated 2/07/1976. to collect monthly rents in the shape of cheques from the plaintiffsand subsequently, vide letter dated 3/07/1977 defendant No. 1 authorised hisdaughter Ms. Pratibha Saxena to collect the rent. Defendant No, I came to beposted back in Delhi in August, 1978,