SUBHASH CHAND DASS Vs. RAM GOPAL AGGARWAL

JUDGEMENT

(1.) This is a regular second appeal filed by the appellant against the judgment dated 20.07.2013 passed by the learned ADJ in RCA No. 5/2013 upholding the judgment and decree dated passed by the Civil Judge.

(2.) The learned counsel for the appellant has stated that two substantial questions of law are arising from the present appeal. The first question is that the suit filed by the respondent/plaintiff was barred by Section 50 of the Delhi Rent Control Act, 1958 as the rent of the premises in question was less than Rs.3,500/- and the second question being that the appellant/defendant was entitled to raise the question of title so far as the respondent/plaintiff being the owner in respect of the first floor of the premises in question, was concerned. It has been contended that both these issues required consideration and the learned trial court as well as the appellate court have grossly erred in deciding both these issues against the appellant/defendant. He has further placed reliance on two judgments i.e. Sh.Ripu Daman Haryal & Anr. v. Miss Geeta Chopra & Anr., 2011 5 ILR(Del) 406 and M. L. Aggarwal vs. Oriental Bank of Commerce & Ors., 2006 88 DRJ 214 in order to canvass the point that he can raise the question of title so far as the respondent/plaintiff is concerned.

(3.) Before seeing as to whether the questions which are sought to be raised by the learned counsel for the appellant as substantial questions of law, a brief background of the case is required to be given.