SURENDER KUMAR Vs. HARI SINGH AND ORS.

JUDGEMENT

(1.) The present second appeal is directed against the judgment dated 23.04.2015 passed by the Ld.ADJ-03, Patiala House Courts, New Delhi in RCA No. 40/14, whereby the First Appellate Court has dismissed the appeal filed by the appellant/defendant to assail the decree passed by learned Civil Judge-10 (Central), Tis Hazari Courts, Delhi, i.e. the Trial Court, whereby the Trial Court had decreed the suit for recovery of possession, damages and mesne profits in favor of the plaintiff/ respondent vide judgment dated 20.11.2014.

(2.) The original plaintiffs, who were real brothers, inherited a plot of land measuring 295 sq. yards being part of Khasra No. 632/462/176, Nangal Raya, New Delhi and bearing municipal number WZ-1646D (hereinafter referred to as the suit property) from their father Late Tara Chand. Late Tara Chand by an oral agreement let out the suit plot to the original defendant/predecessor-in-interest of the appellant, with the permission to raise construction on the said plot of land for his residence on a monthly rent of Rs.200/-. The original defendant raised construction and started residing therein with his family.

(3.) The plaintiffs claimed that the defendant paid rent upto 31.07.2002, and was in arrears to the tune of Rs.2,200/-. Consequently, legal notice dated 26.04.2003 was got issued to the defendant, and sent by registered A.D post and U.P.C demanding arrears of rent, and terminating tenancy by 30.06.2003. The defendant sent a reply dated 29.05.2003, stating that payment upto November 2002 had been made and cheque of Rs.1,200/- was enclosed along with the reply. The plaintiffs did not encash the cheque as it did not pertain to the entire arrears. Since the defendant was claimed to be an unauthorized occupant of the suit plot, as he had not vacated the same despite legal notice, therefore, the plaintiffs filed the present suit seeking the reliefs of ejectment/ possession, arrears of rent of Rs.2,200/-, mesne profits of Rs.450/- per month from 01.07.2003 onwards, and costs.