FRIENDS FOUNDATION Vs. NAR BAHADUR

JUDGEMENT

(1.) Appellant-plaintiff has preferred this appeal against the judgment and decree dated 7th January, 2010 passed by the trial court whereby suit for possession, mesne profit, damages and permanent injunction filed by the appellant against respondentdefendant has been dismissed.

(2.) Appellant alleged in the plaint that it was a charitable society registered under the Societies Registration Act, 1860 having its registered office at 313/1, Inderlok, Delhi. Appellant was exclusive owner of property bearing no. 5354, First Floor, Ward No. XV, Ladoo Ghatti, Pahar Ganj, New Delhi 110055. Suit was being filed by it through its manager Narender Singh, who was duly authorized to do so vide Board Resolution dated 7th December, 2007 passed by the appellant. M/s Runwell India Private Limited was sister concern of appellant. Respondent was employee of the said company and was permitted to reside in two rooms at the first floor of appellant's aforesaid property.

(3.) Respondent filed written statement alleging therein that he was never an employee of M/s Runwell India Private Limited nor was ever put in possession of suit premises during the course of alleged employment. He alleged that he was working as a driver with Kishore Lal right from 1994 onwards. In fact he had worked almost in all the concerns/ companies with which Kishore Lal was associated. Respondent was inducted in the suit property as a tenant by Kishore Lal and his daughter, namely, Anu Sabharwal in the year 2005 on a monthly rent of Rs.400/- . Respondent was also paying Rs.100/- towards electricity and water charges. Thus, the suit was barred under Section 50 of Delhi Rent Control Act, 1958.