PHOOL RANI TRIVEDI Vs. SHEEL CHANDRA

JUDGEMENT

(1.) This appeal arises out of the judgment of the Additional District Judge where the suit for recovery of possession of the ground floor of 8, Ishwar Nagar East, Mathura Road, New Delhi along with damages for use and occupation was dismissed. In the plaint the case set out by the appellant/plaintiff was that they were the owners and landlords of the premises. Entire ground floor with garage on a monthly rent of Rs.4000/- was leased by lease deed dated 3rd May, 1984 for a period of three years to the respondent. The lease was to expire on 2nd May, 1987. The respondent did not vacate the premises after 2nd May, 1987, lease having been expired after efflux of time. The appellant by way of abundant precaution served upon the respondent registered notices dated 13.9.1989 and 3.10.1989, the appellant also claimed compensation/mesne profit from 3rd November, 1989 to 18th November, 1989 at the rate of Rs.2,000/- and from the date of institution of the suit till the date of recovery of possession at the rate of Rs.4,000/- per month.

(2.) In the written statement filed by the respondent, the respondent took the plea that the suit was not maintainable as the same was filed for partial tenancy. It was also contended that the appellant/plaintiff had waived their right to seek possession of the premises subsequent to the period 2nd November, 1989 as the plaintiffs have received the rent from the respondent/ defendant. Therefore, it was pleaded that notices dated 13.9.1989 and 3.10.1989 were invalid. It was contended that in law the plaintiff could not have terminated the tenancy from 2nd November, 1989. From the pleadings of the parties, the trial court framed the following issues :-

(3.) Evidence of the parties were record. Issue nos.2, 4, 5 and 6 were decided in favour of the respondent and the suit was dismissed.