RANI DEVI JESWANI Vs. SEEMA HAROON

JUDGEMENT

(1.) This appeal has been filed under Sec. 96 of the Code of Civil Procedure against the Judgment and Decree dated July 1, 2016 passed by the learned Additional District Judge (ADJ', for short), Central -07, Tis Hazari Courts, Delhi, in Civil Suit No. 76/2015 titled Seema Haroon v. Rani Devi Jeswani and Ors., with the following prayer: -

(2.) At the outset, I may state that for the sake of convenience, the appellants in the present appeal, who were defendants in the suit before the learned ADJ (Trial Court', hereinafter) shall be referred to as 'appellants' hereinafter. Similarly, the respondent in this appeal, who was the plaintiff in the suit, shall be referred to as 'respondent' hereinafter. I may provide a brief factual background of the case, as averred in the appeal. The respondent, claiming she is the owner of the suit property bearing Municipal No. 6012, Bajaj Market, Gali Matkewali, Sadar Bazar, Delhi-110006, but without disclosing the source of title to the property, filed the suit for possession against the appellants. It was alleged in the suit that the ancestors of the respondent had let out the property to one Mehlu Mal and one Laxman Dass at Rs.45.00 per month for a fixed period of eleven months for residential purposes. The said tenancy was reduced to writing through Rent Note dated August 2, 1949.

(3.) It was further alleged in the suit that the said Laxman Dass died in the year 1950. Though the tenancy, being only for eleven months, had expired by efflux of time, and the right to protection under the rent control legislation came to an end on the death of Laxman Dass, the statutory protection continued. Keeping in view the escalation permitted under the Delhi Rent Control Act, 1958 ('Rent Control Act', hereinafter) the rent was increased and the last paid rent was Rs.58.33, paid up to March 1998, vide receipt dated March 28, 1998.