JITENDER AGAL Vs. REENA KAKAR

JUDGEMENT

(1.) This is a case to decide the preliminary issue on the question of limitation and pecuniary jurisdiction.

(2.) The suit is for ejectment, recovery of arrears of rent and pendente lite and future mesne profits in respect of Flat No. E-198, Second Floor. Greater Kailash, Part-II, New Delhi-110 048. The prayer in the plaint is as under:-

(3.) The tenancy of the defendant allegedly came to an end on 31/10/2000. The defendant continued in default of payment of rent. Thereafter, tenancy was again terminated vide notice of termination dated 7/11/2005. Arrears of rent/mesne profit is claimed with effect from 1/11/2000 to 30/11/2005 at the rate of Rs. 45,000.00 per month. The suit is presented on 6/12/2005. The question, therefore, arises as to whether arrears of rent/mesne profit with effect from 1/11/2000 is still within limitation