CONTINENTAL ADVERTISING PVT. LTD. Vs. CAPT. PRITPAL SINGH

JUDGEMENT

(1.) THE Civil Judge vide his order dated 10.08.2006 decreed the respondents/plaintiffs' suit for possession in respect of Flat No. 609, Gagan Deep Building, 12, Rajendra Place, New Delhi measuring 676 square feet. He also passed decree in the sum of Rs. 13,520/- @ Rs. 20/- per square feet per month. The Civil Judge also directed that the respondents are also entitled to interest @ 12% per annum from the date of filing of the suit till realization. He further ordered that the respondents are also entitled to damages @ Rs. 20/- per square feet from 01.03.1996 till the possession from the appellant and the respondents are also entitled to interest @ 6% per annum on future damages. The first Appellate Court vide its order dated 14.11.2006 dismissed the appeal.

(2.) I have heard the learned counsel for the parties. Learned counsel for the appellant argued with vehemence that at least two substantial questions of law arise in the instant case. First of all, he pointed out that as per the lease deed dated 03.01.1977, the rate of rent is less than Rs. 3500/- and consequently, the Civil Judge has got no jurisdiction to entertain this case. He opined that this petition should have been filed before the Rent Controller. Clauses 1 and 3 of the said lease deed are hereby reproduced in order to understand the position clearly :

(3.) LEARNED counsel for the appellant also submitted that letter written by Smt. Abnash Kaur Sasson goes to show that she had asked for giving schedule of claims on account of reimbursement of Scavenging Tax/Education Cess/Difference of enhancement in General Tax of M.C.D. upto the year ending 31.03.1983. She has asked the appellant to pay a sum of Rs. 11,346/- for a period of six years starting from 1977-1978 to 1982-1983 in respect of the abovesaid subjects.