SARDAR PAL SINGH Vs. KALU RAM SISODIA

JUDGEMENT

(1.) THE challenge by means of this Regular First Appeal (RFA) filed under Section 96 of Code of Civil Procedure, 1908 (CPC) is to the impugned judgment of the trial Court dated 6.3.2012 decreeing the suit for possession and mesne profits filed by the respondents/plaintiffs/landlords.

(2.) THE facts of the case are that the appellant/defendant/tenant was given on rent a premises consisting of three shops situated at Khasra No. 701, Revenue Estate, Burari, Delhi. Though, there is no date of commencement of tenancy, which is mentioned in the impugned judgment or in the plaint, learned counsel for the appellant/defendant/tenant says that the tenancy commenced in the year 1993. THE respondents/plaintiffs/landlords alleging non-payment of rent terminated the tenancy by means of a legal notice dated 29.6.2011, and which was replied to by the appellant/defendant/tenant vide reply dated 18.7.2011. As the appellant/defendant/tenant failed to vacate the suit property, the subject suit for possession and mesne profits came to be filed.

(3.) THIS is a case which has been decreed after trial. In view of the fact that there is no dispute about the relationship of landlord and tenant as also the fact that the premises are outside the operation of Delhi Rent Control Act, 1958, the trial Court has rightly decreed the suit for possession.