BRIJ MOHAN Vs. MAM CHAND & ANR

JUDGEMENT

(1.) The present second appeal is directed against the judgment and decree passed by the learned ADJ (W), Tis Hazari, Delhi in RCA No.32/2011 preferred by the appellant/defendant, against the judgment and decree dated 10.12.2014 passed by the learned Civil Judge-05(W), Tis Hazari in Suit No.682/2010 filed by the respondent/plaintiff against the appellant/defendant. The First Appellate Court has dismissed the appellants first appeal and affirmed the judgment and decree passed by the Trial Court. The Trial Court allowed the application filed by the plaintiffs under Order 12 Rule 6 CPC, thereby decreeing the suit for possession in respect of the suit property in favour of the plaintiffs and against the defendant.

(2.) The admitted facts are that the father of the plaintiffs had leased to the defendant and one Sh. Ishwar Singh an open piece of land admeasuring 2 bighas 11 biswas in village Khanpur, New Delhi vide registered lease deed dated 14.01.1950, which expired by flux of time on 11.01.1970. The lease was not renewed thereafter.

(3.) The case of the plaintiff was that a portion of 300 sq yds out of the aforesaid land was occupied by the defendant even after expiry of the lease agreement and that the defendant had attorned to the plaintiff as landlord after the demise of the parents of the plaintiff. The plaintiff claimed that the defendant was paying rent @ Rs.86.40 per month, but the rent had not been paid for more than three years ending 13.05.2006. A notice dated 12.04.2006 was served on the defendant terminating the monthly lease, and asking him to deliver vacant and peaceful possession of the suit land admeasuring 300 sq yds by the close of 13.05.2006. However, since the possession was not delivered, the suit was preferred to seek recovery of possession of the suit property along with recovery of the amount of Rs.259.90 being the rent for three years ending 13.05.2006 and Rs.4,000/- towards damages/mesne profits.