BRIJ MOHAN RASIWASIA Vs. BUTNA DEVI

JUDGEMENT

(1.) This first appeal, under Sec. 96 of the Code of Civil Procedure, 1908 (CPC), challenges the judgment dtd. 14/10/2019, passed by the learned Additional District Judge ("the learned ADJ") in CS 15690/16 (Smt. Butna Devi v. Shri Brij Mohan). The appellant was the defendant in the said suit and the respondent was the plaintiff.

(2.) The respondent, vide CS 15690/16, sought recovery of possession, from the appellant, of the first floor of Property No. XV/8929, Gali No. l, Multani Dhanda, Paharganj, Delhi ("the tenanted premises", hereinafter), alongwith arrears of rent @ Rs.20,000.00 per month and mesne profits.

(3.) The respondent claimed to be the owner of the first and second floors of the afore-noted property No. XV/8929, Gali No. l, Multani Dhanda, Paharganj, Delhi ("the suit property", hereinafter), having purchased the property from Kuldeep Kaur and Sanjeev Kumar vide Sale Deed dtd. 23/3/2019. The plaint averred that the appellant Brij Mohan Rasiwasia was the tenant of Kuldeep Kaur and Sanjeev Kumar and that, after selling the suit property to the respondent, Kuldeep Kaur and Sanjeev Kumar had informed the appellant of the said sale and requested him to pay rent, thereafter, to the respondent. The respondent also claimed to have requested the appellant to pay rent to her, after April 2009.