PREM PARKASH KAPUR Vs. ATMA RAM

JUDGEMENT

(1.) This is a defendants' second appeal filed under Section 100 of the Code of Civil Procedure, against the appellate judgment and decree of the Additional District Judge, Delhi, dated 14th January. !975, by which he has dismissed the appeal with costs and affirmed the decree, of the court of first instance dated 6th February. 1974 for recovery of possession of the premises in dispute.

(2.) The premises in dispute consist of a portion of the ground floor in louse No. 4766, Partap Street, 23, Darya Ganj, Delhi. This property was and still is owned by the respondent. Prem Sarup Kapoor, deceased, (father of the 1st appellant) was a tenant in respect of the said premises. He died on 8th August, 1969. The respondent has instituted the suit on 5th November, 1969 on the allegations that a notice, dated 14th May, 1968 terminating the contractual tenancy had been served on the deceased tenant on 27th May, 1968 and the tenancy stood determined with effect from 30th June, 1968. Thereafter trie deceased became a statutory tenant and his rights in the premises were neither transferable nor heritable and as such the defendant appellants were trespassers and had no legal right to continue to occupy the premises in dispute; hence a decree for recovery of possession was claimed. In the suit impleaded as defendants were the son of the deceased, named Prem Parkash Kapoor (appellant No. 1 before me). besides his widow, Smt. Mangan Bai (who) died during the pendency of the suit), and other defendants 3, 4 and 5 were the wife and daughters of Prem Parkash Kapoor, appellant No. 1.

(3.) The defence in substance was that the contractual tenancy of the deceased had not been terminated and the respondent before me had no locus standi to institute the suit. A replication to the writter statement was filed and on the pleadings of the parties, the following issues were framed :