AZAD Vs. SUBHASH CHAND

JUDGEMENT

(1.) THE appellant has challenged the impugned judgment and decree whereby his prayer for possession has been dismissed by the learned Trial Court.

(2.) LEARNED counsel for the appellant submits that the appellant purchased the suit property on 1st March, 2006 when the respondent was occupying the suit property as a tenant at a monthly rent of Rs.50/ - per month. It is further submitted that the appellant called upon the respondent to either vacate the suit property or pay the monthly rent @ Rs.8,000/ - per month whereupon the respondent orally agreed to pay Rs.8,000/ - per month. The appellant thereafter terminated the tenancy by notice dated 26th July, 2011 and instituted the suit for possession and mesne profits before the Trial Court.

(3.) THE respondent contested the suit on various grounds inter alia that the rent of the suit property was Rs.50/ - per month and therefore, the suit was barred by Section 50 of the Delhi Rent Control Act, 1958. The respondent denied the increase of rent from Rs.50/ - to Rs.8,000/ - per month.