SOBHIT RAI Vs. CHANDAN JHA

JUDGEMENT

(1.) The present second appeal is directed against the judgment and decree dated 01.09.2015 passed in RCA No. 34/2014 by the First Appellate Court, namely, ADJ (Central -07), Tis Hazari Courts, Delhi, whereby the first appeal preferred by the appellant/defendant - to assail the judgment and decree dated 10.10.2014 passed in Suit No. 552/2013 by the Trial Court, namely, the Civil Judge (Central -12), Tis Hazari Courts, Delhi partially decreeing the suit of the respondent/plaintiff, has been dismissed.

(2.) The respondent/plaintiff had preferred the said suit to seek the relief of possession, damages, permanent and mandatory injunction. The case of the respondent/plaintiff was that he was a tenant of the appellant/defendant in respect of one room on the ground floor along with common latrine, bathroom and passage in property house no.248, Gali No. 7, Surender Colony, Part -I, Jharoda, Mazra Burari, Delhi -84 on a monthly rent of Rs. 1200/ - including electricity and water charges. The said property was shown in red and yellow colour in the site plan with the plaint.

(3.) The case of the plaintiff was that in the month of August 2013, he went to his native village, leaving behind his two sons, namely, Munna and Kamlesh Kumar Jha at the suit premises. On 01.09.2013, the plaintiff with his associates broke open the locks of the suit premises and removed the articles of the plaintiff including a suit case containing Rs. 50,000/ -, jewellery, clothes, bedding, utensils etc. The son of the plaintiff returned from work in the evening and upon seeing the state of affairs, he called the police on no.100, who restored the possession of the suit premises to plaintiff's son, but again on 03.09.2013, the defendant broke open the door of the suit premises. The matter was again reported to the police, but this time no action was taken by the police. Hence, the present suit was preferred.