JAMUNA SINGH Vs. SANGRAM SINGH

JUDGEMENT

(1.) The present second appeal is directed against the judgment and decree dated 19.12.2014 passed by the learned ADJ-06 (South Distt.), New Delhi acting as the First Appellate Court in RCA No. 15/2014, whereby the first appeal of the respondent/defendant was partially allowed and the decree passed by the Trial Court, namely, the Civil Judge-04, Saket Courts in C.S. No. 141/2014 was partially modified.

(2.) The appellant/plaintiff had filed the said suit to seek a permanent injunction against the respondent/defendant by claiming that he is a tenant of the defendant in the premises consisting of one room, small bathroom and verandah in property bearing no. B-106, Krishna Nagar, Safdarjung Enclave, New Delhi. The said property was shown in red ink in the site plan filed by the plaintiff/appellant. The suit was defended by the respondent/defendant by filing his written statement, who stated that the plaintiff was a tenant only in respect of one room admeasuring 10 ft x 10 ft.

(3.) The Trial Court framed issues on 09.09.2011 including the issue whether the plaintiff is a tenant of one room, small bathroom and verandah of the suit property as shown in red colour in the site plan filed by the plaintiff. The parties led their respective evidence. The site plan filed by the plaintiff was exhibited as Ex. PW-1/A. The plaintiff only examined himself as PW-1. The defendant examined himself as DW-1 and, inter alia, exhibited the site plan filed by him as Ex. DW-1/1. He also exhibited the notice issued on 17.03.1986 to Sh. Durga Prasad - the predecessor in interest of the appellant/plaintiff as Ex. DW-1/2.