MOHD ABRAR Vs. PREM CHAND @ PREM SINGH

JUDGEMENT

(1.) The learned counsel for the appellant has obtained instructions and stated that the appellant is not requiring time for vacating the premises. The learned counsel for the appellant yesterday had argued the matter for substantial period of time and the Court was prima facie of the view that no substantial question of law is involved in this matter. The learned counsel for the appellant today has stated that the Court may decide the matter on merits.

(2.) Before dealing with the submissions made by the learned counsel for the appellant it may be pertinent to give brief facts of the case.

(3.) The suit for recovery of possession and mesne profits has been filed by the respondent in respect of hall converted into two parts on the ground floor, entire first floor consisting of three halls, latrine and bathroom and the entire second floor consisting of one hall and open terrace more particularly shown in red colour in the site plan annexed to the plaint in property No. C-98/35, Main Road, Chauhan Bangar, Brahampuri, Delhi-110053. It was alleged that the present appellant was inducted as a tenant by Smt. Ram Kali who expired in the year 2006. The appellant was a habitual defaulter in payment of rent. A legal notice was served on the appellant to vacate the premises which he had failed to do and consequently the suit for possession was filed along with rent and damages claimed @ Rs.4,300/- per month w.e.f. 1st April, 2006 till the date of fling the suit. Interest @ 15 per cent was also claimed apart from damages @ Rs.20,000/- per month.