ARUN KUMAR JAIN Vs. RAGHUBIR SARAN CHARITABLE TRUST

JUDGEMENT

(1.) This first appeal arises out of a judgment and decree dated 11th May, 2004 passed by the learned Additional District Judge, Delhi purportedly on an application under Order VIII Rule 10 read with Order XII Rule 6 of the Code of Civil Procedure (CPC) filed by the Plaintiffs/Respondents in Suit No.356 of 2003.

(2.) The primary facts of the case are not in dispute but what is important is the contention of learned counsel for the Appellants that the learned Additional District Judge passed the judgment and decree without any application of mind. Unfortunately, we are of the opinion that learned counsel for the Appellants is right in his submission and so the judgment and decree deserve to be set aside. A reading of the judgment is a reminder of what the French jurist Saleilles said in his treatise ?De la Personnalite Juridique?: ?One wills at the beginning the result; one finds the principle afterwards; ... ... ...?

(3.) It is necessary to state some background facts. The Appellants are tenants in property bearing No.E-9, Connaught Place, New Delhi (the suit property). The Respondents are the landlords. When the tenancy commenced some time in 1954, the monthly rent was Rs.585.50. This was increased from time to time and when the suit was filed by the Respondents, the monthly rent had gone up to Rs.3,660.50.