RAM KUMAR Vs. SHARDA RANI

JUDGEMENT

(1.) Sharda Rani filed a suit for possession of mesne profits in relation to the premises i.e. Shop no. X-439, Gali No. 8, Ram Nagar, Gandhi Nagar, Delhi. According to her she was the owner/landlord of the said premises which were leased to M/s. Ram Kumar and Sons on a monthly rent of Rs.200/- exclusive of all other charges. The said defendant had sublet the premises in favour of defendant no.2, M/s. Crozoline CMS International in June'02 at a monthly rent of Rs.5000/- per month. The defendant no.2 was unauthorised occupant of the shop and he had no legal right to keep the possession. The plaintiff-respondent no.1 in the appeal averred that she had approached the defendant to hand over vacant and peaceful possession of the premises in dispute and that the tenancy of defendant no.1 was terminated vide notice dated 21.9.2002. It was further stated that the defendants, being in unauthorised possession of the premises were liable to pay damages @ Rs.10,000/- per month till the date of the institution of the suit and she also prayed for a decree for mesne profit with effect from 11.11.2002 at the same rate. The suit was contested on merits by defendant no.1 as the defendant no.2 in the suit refused to accept the service of notice and was proceeded ex-parte vide orders of the court dated 21.1.2003. The said defendant no.1/appellant in the present suit had raised various objections as well as contested the suit on merits. According to the said appellant, the Court had no jurisdiction to entertain and decide the suit as there was a relationship of landlord and tenant between the parties and the appellant was entitled to the protections under the provisions of the Delhi Rent Control Act. It was denied that the appellant had sublet, assigned or parted with the possession of the shop and it was also denied that they were receiving a sum of Rs.5000/- per month.

(2.) The learned Trial Court framed three issues and vide judgment and decree dated 9.9.2004, the Court passed a decree for possession and mesne profits @ Rs.7500/- per month with effect from 11.11.2002 till vacation of the suit premises along with interest @ 12% per annum. Against this judgment and decree of the learned Trial Court, the appellant has preferred the present appeal. The appellant had filed an application being CM No. 580/2005 praying for stay of the judgment and decree passed by the learned Trial Court.

(3.) During the pendency of the appeal the respondent also filed an application being CM No. 11309/2005 under Order 39 Rule 10 read with Section 151 of the Code of Civil Procedure for issuance of directions to the appellant to pay the damages/mesne profits for use and occupation of the premises @ Rs.10,000/- per month in relation to the demised premises.