RAKESH KUMAR Vs. NARENDER SINGH

JUDGEMENT

(1.) The appellant Rakesh Kumar, has challenged the judgment and decree dated

(2.) 11.2011 passed by the Trial Court in suit no.189/2009 preferred by the respondent/plaintiff seeking possession of suit property, recovery of Rs.30,000/ -, permanent injunction and damages for use and occupation of the suit premises, whereby the suit was decreed as also against the judgment and order dated 14.03.2016 passed by the learned Additional District Judge -05, (West), Tis Hazari Courts, Delhi, in RCA No.141/2013 whereby the judgment of the Trial Court referred to above has been affirmed and upheld. 2 The suit was filed by the respondent/plaintiff claiming possession of the suit premises as also recovery of Rs.30,000/ - along with permanent injunction and damages, claiming himself to be the owner of the suit premises bearing no.C -346/36 in village Nangloi Jat, New Delhi, now known as Chandan Vihar, in which the appellant/defendant was inducted as a tenant for a monthly rental of Rs.5,000/ -, excluding electricity. The case of the respondent/plaintiff is that no rent was paid despite repeated requests and the oral and legal notices to quit went unheeded. Hence, the suit for the aforesaid reliefs was filed by the respondent/plaintiff.

(3.) The appellant/defendant appeared before the Trial Court and sought time to file his written statement. Time was granted but on the next date, there was no appearance on his behalf and the Trial Court was constrained to proceed ex -parte vide order dated 05.09.2009.