SHITIJE JAIN Vs. BALBIR SINGH AND ANOTHER

JUDGEMENT

(1.) CM No. 18638 of 2017.

(2.) Perusal of the record reveals that Civil Suit No. 55/2014 was filed by Sh. Padam Chand Jain seeking a decree of possession against the tenant Sh. Balbir Singh claiming himself to be the landlord and joint owner of the suit property bearing No. E-2/4, Main Bazar Road, Shastri Nagar, Delhi-110052 along with Ms. Seema Jain. As per the averments made by the plaintiff, Sh. Padam Chand Jain the defendant/tenant Sh. Balbir Singh was inducted as a tenant in respect of a hall (shown in red colour in the site plan) on the ground floor of the suit property vide rent deed dated 1st June, 2000. The rate of rent was Rs. 10,000/- per month. The tenancy was terminated vide notice dated 19th May, 2006 and thereafter, the suit for possession was filed.

(3.) The suit filed by the plaintiff was decreed vide judgment and decree dated 2nd June, 2015 which was passed by the Court in terms of the Order 12, Rule 6 CPC. The said judgement and decree was challenged by the defendant/tenant by filing RCA No. 61245/2016. During the pendency of the suit the plaintiff Sh. Padam Chand Jain transferred his 50% share in the suit property in favour of his daughter Ms. Sunita Jain by virtue of gift deed dated 5th July, 2013.