DES RAJ Vs. TEK RAM

JUDGEMENT

(1.) The present appeal is directed against the judgment dated February 24, 1977 of Additional District Judge, Delhi.

(2.) The respondent Tek Ram and others filed a suit for ejectment of the appellant from the site shown red in the plan attached to the plaint and for recovery of Rs. 18.00 on account of rent from July 1,1963 to March 31, 1964 and damages from April 1,1964 to June 30,1966 amounting to Rs. 54.00 . The said suit was filed in the year 1966 in the Court of Senior Sub Judge, Delhi. The respondents/plaintiffs alleged that they were the owners of the site in dispute; that the appellant was in possession of the same since 1949 under an oral agreement of tenancy at the rate of Rs. 2.00 per month; that on July 5,1960 a Panchayat was held at village Chandrawal and the appellant became the tenant of the land in dispute at the rate of Rs. 2.00 per month; that neither possession had been delivered nor the arrears of rent for use and occupation had been paid despite notice of termination of tenancy having been served on the appellant on February 10, 1964.

(3.) The appellant contested the suit and denied the existence of relationship of landlord and tenant and asserted that the suit was not maintainable for want of permission under Section 19 of the Slum Areas (Improvement & Clearance) Act. He also alleged that the respondents were not the owners of the suit premises and he was in possession as owner.