AMARJIT SINGH AND ORS Vs. ATTAR SINGH

JUDGEMENT

(1.) This Second Appeal is filed under Section 100 of Code of Civil Procedure, 1908 impugning the concurrent judgments of the courts below; of the trial court dated 18.4.2012 and the first appellate court dated 5.8.2013; by which the suit of the respondent/plaintiff for possession, declaration, injunction, recovery of arrears of rent etc was decreed by passing of decree for possession with respect to the suit premises being plot no.S-11-D, Second floor, Humanity House, Pandav Nagar, Delhi-110092. The respondent/plaintiff was also granted a decree for recovery of arrears of rent from 1.9.2009 till 30.6.2010 at Rs.3,700 per month and from 1.7.2010 till the realization of the amounts at Rs.5,000/- per month.

(2.) It is not in dispute that the suit premises were originally taken on rent by the appellant no.1/defendant no.1 namely Sh. Amarjit Singh. The issue is whether the respondent/plaintiff/landlord did not remain as landlord inasmuch as he transferred his ownership interest in the suit property by means of the usual documents being the agreement to sell, power of attorney, affidavit etc, Ex.PW1/26 to Ex.PW1/31 (all dated 7.7.2005) in favour of Smt. Mahender Kaur who is the wife of the appellant no.1/defendant no.1 and which Smt. Mahender Kaur further executed a registered sale deed dated 19.3.2010 in favour of her son Sh. Rajvinder Singh, appellant no.2/defendant no.2.

(3.) Trial court in the suit framed the following issues:-