M/S ASV INDUSTRY Vs. SURINDER MOHAN

JUDGEMENT

(1.) This first appeal under Section 96 of the Civil Procedure Code (CPC), 1908 impugns the judgment and decree (dated 4th May, 2013 of the Court of Additional District Judge Central-07 in Suit No.246/2012) on admissions of ejectment of the appellant No.1 (of which the appellant No.2 Mr. Hardev Singh is the proprietor) from possession of the ground floor of property No.4A, MCD No.1-A, Street No.2, Railway Line Side, Anand Parbat Industrial Area, New Delhi.

(2.) The appeal had come up first before this Court on 31st July, 2013 when even though prima facie there did not appear any merit in the appeal but considering the fact that it is first appeal, it was deemed appropriate to requisition the Trial Court record and issue notice. The Trial Court record has been received and the counsels have been heard.

(3.) The two respondents/plaintiffs had instituted the suit from which this appeal arises for recovery of possession of the said premises and for mesne profits/damages for use and occupation and for permanent injunction pleading that they had let out the premises to the appellants/defendants at a rent of Rs.31,000/- per month under a Rent Agreement dated 16th March, 2007 for a period of three years with effect from 1st April, 2007 and expiring on 31st March, 2010; that after 31st March, 2010, the appellants/defendants became tenants from month to month in the premises; that the said tenancy of the appellants/defendants was determined by the legal notice dated 29th February, 2012 sent on 1st March, 2012; that the appellants/defendants inspite of determination of their tenancy had failed to vacate the premises; that the appellants/defendants had also not paid rent of the premises since June, 2011 inasmuch as the cheques issued by the appellants/defendants towards rent for the said period had been returned dishonoured.