SH. SHOKEEN KHAN Vs. SH. JAI SINGH

JUDGEMENT

(1.) This appeal has been filed under Sec. 96 of the Civil Procedure Code against the impugned judgment, order and decree dtd. 23/5/2023 passed by the Ld. ADJ-02, Shahdara, Karkardooma Courts, Delhi in Suit No.73/2022 titled as "Jai Singh v. Shokeen Khan". The said suit was filed for possession, permanent and mandatory injunction, damages and mesne profits by the respondent-plaintiff who claimed to the absolute owner of the property bearing No. D-34, Main Road, Kanti Nagar, Delhi- 110051. The appellant-defendant was a tenant in half portion of the basement of the property but when the plaintiff came to know about the misuse of the property for commercial purposes, as well as stoppage of the payment of monthly rent of Rs.30,000.00 per month, he served a legal notice on 4/12/2021 for vacating the suit property. Since the respondent-plaintiff refused to vacate, said suit was filed. The suit was decreed by the Ld. Trial Court by allowing the application under Order VIII Rule 10 read with Sec. 151 CPC filed by the respondent-plaintiff.

(2.) As noted above, the plaintiff claimed to be the owner of said suit property by virtue of a relinquishment deed dtd. 20/5/2010. The rent agreement on the basis of which the defendant was given possession was dtd. 1/10/2020, with the possession being given on 29/9/2020 on monthly rent of Rs.30,000.00 per month. When the plaintiff came to know about the misuse of the suit property for commercial purposes he requested the defendant to vacate the property. The defendant had also ceased paying the monthly rent since April, 2021. The defendant was challaned by the MCD for violating environmental laws which the plaintiff came to know about in the month of December, 2021. Yet again the plaintiff requested him to handover the vacant and peaceful possession of the suit property. He also came to know that the defendant had damaged the suit property and was causing nuisance to the neighbours by depositing e-waste in the passage which led to an adjacent temple. The defendant extended threats to the plaintiff that he would get the property sealed.

(3.) Legal notice was served on 4/12/2021. A reply was sent by the defendant dtd. 9/12/2021. The defendant filed a suit bearing No.1271/2021 which is pending in the Court of the Ld. Civil Judge, Shahdara District, Karkardooma Courts. An application under Order VIII Rule 10 CPC was filed by the plaintiff on the basis that the defendant had been duly served on 31/3/2022 but did not file his written statement till 18/10/2022. There was a delay of 143 days.