PINKI CHOPRA Vs. GULSHAN BIR KAUR (SINCE DECEASED)

JUDGEMENT

(1.) CM No.15540/2014 (u/O 41 R 23 CPC)

(2.) I have heard the learned counsel for the appellant. The instant regular second appeal was dismissed on 12.11.2013 holding that no substantial question of law is involved. Moreover, the order which was passed by the first appellate court was only remanding the matter back to the trial court holding that the learned trial court has the jurisdiction to decide the suit for possession on the ground that the rent of the premises in question was more than Rs.3,500/ - per month.

(3.) THE case set up by the respondent/plaintiff before the trial court was that he had let out the premises to the present appellant/tenant on a monthly rent of Rs.3,200/ - per month apart from electricity and water charges. However, in the year 1998 on account of amendment in the Delhi Rent Control Act, 1995, Section 6A was incorporated because of which he had sought increase of rent by 10% as a consequence of which the rent became more than Rs.3,500/ -. Consequently after expiry of considerable period of time, he filed the suit for ejectment of the present appellant.