LAWS(DLH)-2013-10-308

ASHOK KUMAR Vs. PARAMJEET KAUR

Decided On October 28, 2013
ASHOK KUMAR Appellant
V/S
PARAMJEET KAUR Respondents

JUDGEMENT

(1.) THE appeal impugns the judgment and decree (dated 13.09.2010 of the Court of Additional District Judge, (Central -12), Tis Hazari Courts, Delhi in Civil Suit No.470/09 (Unique case ID No.02401C0984832005) filed by the respondents / plaintiffs) directing the appellants / defendants to hand over vacant and peaceful physical possession of suit shop bearing Municipal No.43/1073, Kalkaji, DDA Flats, New Delhi and to pay mesne profits / damages for use and occupation.

(2.) NOTICE of the appeal was issued on the contention of the counsel for the appellants / defendants that the appellants / defendants were the tenants at a rent of less than Rs.3,500/ - per month and not a licensee in the said shop and the Civil Court thus did not have the jurisdiction under Section 50 of the Delhi Rent Control Act, 1958 to pass an order of ejectment and subject to the payment of rent / licence fee by the appellants / defendants at the agreed rate, the execution of the judgment and decree was also stayed. Vide subsequent order dated 28.03.2011, the Trial Court record was requisitioned.

(3.) THE respondents / plaintiffs filed CM No.21229/2012 for vacation of the interim order.