RAJESH KUMAR Vs. BHAGWANTI & ORS

JUDGEMENT

(1.) This regular second appeal has been filed against the concurrent judgments of the courts below; of the trial court dated 18.3.2011 and the first appellate court dated 16.1.2013; by which the counter-claim of respondents-defendants has been decreed by directing the appellant-plaintiff to handover peaceful vacant possession of the suit premises being one shop admeasuring 10'x6' with front side court-yard with common staircase at first floor of premises no. 862, Nai Sarak, Delhi.

(2.) Before adverting to the facts in detail, it requires to be noted that the suit of the appellant-plaintiff for injunction by which it was claimed that defendant no.1(now represented by her legal heirs/respondents) should not disturb the peaceful possession, was dismissed in default, and which order became final. Even in the counter-claim the defence of the appellant was struck off and which order again became final.

(3.) Appellant claimed that he was inducted as a tenant in the suit property by the defendant no.4 Sh. Yashpal Mehta. The counter-claimant/defendant no.1 however pleaded that defendant no.4 was only defendant no.1's relative and had no right in the suit property, inasmuch as not only the suit property but the entire first floor, second floor and third floor were in the tenancy of the defendant no.1 from the landlord which is a trust namely Rai Saheb Laxmi Narain Charitable Trust. It was pleaded by defendant no.1/counter-claimant that being in relation of defendant no.4 he was allowed to stay in one room of the property, and he had no right to create any tenancy rights in favour of the appellant herein, defendant in the counter-claim.