SYRIAN ARAB REPUBLIC Vs. A K JAJODIA

JUDGEMENT

(1.) <DJG>Vijender Jain, J.</DJG> 1.This appeal has been filed by Syrian Arab Republic aggrieved by the judgment and decree of possession passed against them by the learned Single Judge. The suit for possession and recovery of damages for use and occupations of the premises No. 15, Palam Marg, Vasant Vihar, New Delhi was filed by Rani Pushpa Kumari Devi, wife of late Dr. Nagendra Singh claiming herself as owner landlady of the aforesaid premises. The suit property was let out to the appellant under separate lease agreements. From the pleadings of the parties, the following issues were framed on 29th January, 1996: 1 Whether the plaintiff has no locus standi to file the present suit? OPD 2 Whether the tenancy of the defendant has not been terminated in accordance with Law? OPD 3 Is the notice dated 27th November, 1990 not valid? OPD 4 Whether the plaintiffs has obtained valid permission under Section 86 of Code of Civil Procedure to file the present suit? OPP 5 Whether the plaintiff is entitled to damages/mesne profits? If so, from which date and what rate? OPD 6 Relief."

(2.) On all the issues, findings were recorded in the impugned judgment against the appellant.

(3.) On issue No. 1, the Court held that the present respondent Mr. A.K. Jaiodia, stepped into the shoes of Rani Pushpa Kumari Devi by virtue of the Will in his favour executed by Rani Pushpa Kumari Devi. On the basis of the Will a Letters of Administration was granted in his favour. The plea that after the demise of Dr. Nagendra Singh, the property was not owned solely by his widow Rani Pushpa Kumari Devi and half portion was owned by Jagat Mata Datri Mata was also not accepted by the learned Single Judge and the issue No. 1 was decided in favour of the respondent.