HARI SINGH Vs. S S JOGI

JUDGEMENT

(1.) Appellant (plainLiff before trial Court) is aggrieved of the order of dismissal of his suit seeking possession of shop No.35 situated in Desh Bandhu Gupta Market, New Delhi, beside recovery of Rs.7,200/- as arrears of mesne profit, and also seeking future mesne profit.

(2.) In nut-shell appellant's claim rested on the fact that he was the owner of the said shop. The same was purchased by him from the Government of India vide a duly executed conveyance deed dated 5th March, 1962. Respondent. No.1 unauthorisedly possessed the said shop and thereafter let it out to respondent No.2. Since both the respondents are In unauthorised occupation of appellant's property hence the suit.

(3.) Suit was contested by respondent No.1 on the ground that the plaintiff had entered into an agreement with him to sell the said shop. In part performance of the said agreement Ex.D-1, the respondent No.1 was put into possession of the shop in question. Therefore, his possession was neither illegal nor unauthorised. He became owner of the property in question, and therefore, had a right to let out the same to respondent No.2. He was, therefore, protected under Section 53~A of the Transfer of Property Act,.1862 (hereinafter referred to as the T.P.Act). He even challenged the maintainability liability of the suit, inter alia, on the ground that in the notice Issued by the plaintiff, respondent No.1 was admitted to be a tenant. Having accepted respondent No.1 as tenant and the rent being less than Rs.3,500/- suit was not maintainable. The same was barred under Section 50 of the Delhi Rent Control Act.