RAM PRATAP Vs. PURSHOTTAM@LALA RAM

JUDGEMENT

(1.) RSA 109/2016

(2.) The Learned Trial Court vide its judgment dated 10th March, 2015 has decreed the suit filed by the appellant/plaintiff for recovery of rent/damages. As a result of the judgment impugned of the First Appellate Court, the suit of the appellant/plaintiff stands dismissed.

(3.) Briefly stating, Civil Suit No.177/2014 was filed by the appellant/plaintiff against the respondent/defendant for recovery of rent/damages for use and occupation in respect of the shop in Property No.16/1541-E, Arya Samaj Road, Bapa Nagar, Karol Bagh, New Delhi- 110005 (shown in red in the site plan). The case of the plaintiff is that he purchased property No.16/1541-E, Arya Samaj Road, Bapa Nagar, Karol Bagh, New Delhi-110005 from Smt. Barji Devi wife of late Sh. Ganga Ram vide sale document dated 24th Aug., 1990 for sale consideration of Rs.1,50,000.00. The physical possession of the suit property was handed over to him except the shop in possession of the respondent/defendant of which constructive possession was given to him by Smt. Barji Devi. The respondent/defendant, tenant of Smt. Barji Devi was occupying the said shop on monthly rent of Rs.1,000.00. After the property was purchased by the appellant/plaintiff, Smt. Barji Devi directed the respondent/defendant to pay the future rent to him, however, the respondent/defendant failed to pay the rent despite service of demand notice dated 27th June, 1998. Thereafter the appellant/plaintiff served another demand notice dated 28th April, 2011 which was also neither replied nor rent was tendered in compliance thereof. While pleading that the respondent/defendant never paid any rent to him the plaintiff restricted his claim to Rs.36,000.00 i.e. to a period of three years preceding the date of filing of the suit in May, 2011.