OM PRAKASH Vs. KANSHI NATH SHAM LAL

JUDGEMENT

(1.) R.S.A. 12/85 is the plaintiff's appeal against the order of the Additional District Judge, Delhi in R.C.A. 15/82. Cross-objections are filed by defendants 1 to 3 in the suit. The plaintiff claims to be the tenant in the portion of the first floor of premises No. 3634-3637, Chawri Bazar, Delhi. The defendants are the present owners of the said premises. Plaintiff filed suit No. 645/73 for permanent injunction against the defendants from dispossession. He alleged that he was a tenant in the property He further claimed that the eviction order No. 1462/63 passed on 16-3-63 by Sh B.K. Agnihotri, Additional Rent Controller, Delhi was illegal, null and void. He further asserted that the execution proceedings started by the defendants pursuant to the said eviction order were also illegal.

(2.) The said property in question was originally owned by M/s. Dinanath Nanak Chand, who had let out the first floor of the property to M/s Janki Dass Ram Sarup, defendant No. 4 in the suit. According to the Plaintiff the said M/s. Janki Dass Ram Sarup had sublet the suit premises to the plaintiff in 1948. The original owners M/s. Dinanath Nanak Chand filed a suit for eviction against the original tenant M/s Janki Dass Ram Sarup in 1960 on the ground of subletting, the premises to the Plaintiff, Shri BK. Agnihotri, Additional Rent Controller, Delhi passed an eviction order on' 16-3-63. Before the eviction decree was passed, the property in question was purchased by Pratap Bank in a public auction in execution of a money decree against the original owners M/s. Dinanath Nanak Chand. The sale was confirmed on 4-3-61. The said Pratap Bank later on merged with Lakshmi Commercial Bank. The Lakshmi Commercial Bank thereafter sold the property to defendants 1 to 3. Defendants I to 3 thereafter filed the suit for the arrears of rent amounting to Rs. 720.00 in the Small Causes Court against the plaintiff. In his written statement in the said suit, the present plaintiff alleged that defendants 1 to 3 had to locus standi to file the suit as they were not landlords. He further asserted that he was a tenant under M/s Janki Dass Ram Sarup, the original tenant and that he had paid the rent to M/s Janki Dass Ram Sarup upto July 1967. As the relationship of Landlord and tenant was denied by the plaintiff, defendants 1 to 3 withdrew the said suit with the permision of the Court to file other proceedings. Defendants 1 to 3 then started the execution proceedings against the plaintiff on the basis of the eviction order passed by Shri B K. Agnihotri, Additional Rent Controller, Delhi on 16-3-63. The present suit for permanent injunction was thereafter filed by the plaintiff.

(3.) The trial court held that in view of the plaintiff's denial of the relationship of landlord and tenant and hi assertion that he was the tenant of M/s. Janki Dass Ram Sarup, he was estopped from claiming to be a tenant of the suit property. The said finding was upheld by the First Appellate Court.