JAI KUNWAR Vs. DHARAM DEVI

JUDGEMENT

(1.) I have heard learned counsel for the parties. The following substantial question of law arises for consideration: Whether the judgments of the courts below suffer from any error of fact or law?

(2.) With the consent of the parties, I proceed to dispose of the present appeal. The Trial Court record has already been requisitioned and has been referred to.

(3.) The appellant has preferred this second appeal to assail the judgment and decree passed by the First Appellate Court dated 06.01.2012, namely, the Additional District Judge-01, North East, Karkardooma Courts, Delhi, in RCA No. 31/11. By the impugned judgment, the first appeal preferred by the appellant-defendant ( RCA No.31/11) against the judgment of the Trial Court , namely, Senior Civil Judge in Civil Suit No. 59/2003 filed by the respondent-plaintiff, has been dismissed, and the First appeal (RCA No. 33/11) preferred by the respondent-plaintiff has been allowed. The respondent-plaintiff had preferred a suit for possession and recovery of damages/mesne profit/rent against the appellant-defendant on the premise that the appellant-defendant was a tenant of the respondent-plaintiff in respect of a shop forming part of premises No. 11-B, West Jyoti Nagar, Delhi-110094 since March, 1988, falling in the revenue estate of village Sikdarpur, Delhi, on a monthly rent of Rs. 300/- excluding electricity charges. The respondent-plaintiff claimed that the tenancy had been created through a written document dated 05.03.1988 (which was led in evidence and proved as Ex.PW1/5). The plaintiff claimed that the defendant did not make payment of rent since March, 1990. The plaintiff claimed that the tenancy of the defendant was terminated by a legal notice dated 02.11.2000 (Ex.PW1/6). The plaintiff vide this notice sought arrears of rent of Rs. 10,800/- for a period of three years, apart from calling upon the defendant to handover vacant and peaceful possession of the suit to the plaintiff on or before 30.11.2000.