JAI PRAKASH AGGARWAL Vs. KIRAN CHAWLA

JUDGEMENT

(1.) The present regular second appeal filed under Sec. 100 CPC read with order XLII CPC challenging the judgment and decree dtd. 28/2/2015 passed by learned ADJ-13 (Central), Tis Hazari Courts, Delhi in RCA No. 3/2011 titled Shri Jai Prakash Aggarwal vs. Ms. Kiran Chawla & Ors. filed by appellant against the judgment dtd. 29/1/2011 passed by learned Civil Judge, Delhi in Suit No. 795/08/02.

(2.) The learned First Appellate Court while hearing the civil appeal challenging the judgment and decree dtd. 29/1/2011 passed by learned Civil Judge, Delhi in Civil Suit No. 795/08/02 dismissed the appeal and upheld the order of the learned Trial Court. Aggrieved of this the appellant filed the present appeal challenging the impugned order on the ground that the same is against the facts of the case and law applicable on it whereby the learned First Appellate Court failed to appreciate that the lease of the building includes the land on which the building stands and the doctrine of frustration cannot be invoked on destruction or demolition of a building under lease where privity of contract and estate is created. The appellant has also challenged the impugned judgment on the ground that learned First Appellate Court failed to appreciate that there was no termination of tenancy by the Respondent and that the rent was regularly being paid to the Respondent which was duly acknowledged by receipts. Lastly, the Appellant raised the ground that the impugned judgment was not in sync with the judgment of the Apex Court passed in T. Lakshmipathi vs. R. Nithyananda Reddy, (2003) 5 SCC 150, relied by the learned First Appellate Court.

(3.) In the Memorandum of Appeal the appellant raised the following substantial question of law: