JIWAN INDUSTRIES P LTD Vs. KAMLESH RANI BUDHIRAJA

JUDGEMENT

(1.) This regular second appeal is filed by the plaintiff/landlord against the impugned judgment of the first Appellate Court dated 13.5.2013. The first Appellate Court by the impugned judgment allowed the appeal of the defendant/respondent and set aside the judgment dated 30.11.2012 of the trial court by which the trial court had decreed the suit for possession and recovery of damages filed by the appellant/plaintiff against the respondent/defendant.

(2.) The facts as pleaded by the appellant/plaintiff in the plaint were that vide a rent deed, Ex. PW 1/3, the suit property comprising of open land measuring 341 sq. yards forming part of 69, Najafgarh Road, New Delhi-110015 was let out to the respondent/defendant. The lease was created for a period of two years commencing from 1.6.1980 i.e ending on 31.5.1982. The premises were outside the Delhi Rent Control Act, 1958 inasmuch as what was let out was the land and not a built up premises. The tenancy was a monthly tenancy which was terminated by the notice dated 10.9.1997, and since the respondent/defendant failed to comply with the same by vacating the suit property the subject suit for possession and mesne profit was filed.

(3.) The respondent/defendant contended that what was let out was not land but a covered area/structure and, therefore, the suit premises fell within the protection of the Delhi Rent Control Act, 1958.