RAMESH KUMAR DHAMIJA Vs. NIRMAL AHLUWALIA

JUDGEMENT

(1.) This is defendant's appeal against judgment and decree dated 11th October, 2006 vide which defendant has been directed to pay a sum of Rs.4,60,800/- alongwith pendentelite and future interest @ 6% p.a for the use and occupation of premises no. F-14/6, Model Town, Delhi as defendant has been declared as trespasser after death of his adoptive father Late Sh.Ram Niranjan who was a tenant under the plaintiff / respondent.

(2.) The factual scenario of this case is that the plaintiff/ respondent in the suit filed by her, had claimed that defendant / appellant's adopted (to be read as adoptive) father was the tenant in the aforesaid premises under the plaintiff/respondent who claims that the said tenancy was terminated by a notice prior to a death of appellant/defendant's father in the year 1988. There is no averment in the plaint about the date of termination of the said tenancy or of the service of the notice of termination of tenancy upon the appellant/defendant. Anyhow, plaintiff/ respondent proceeded to claim damages for the period from June, 2002 to May, 2004 for the use and occupation of the premises in question. In the suit filed by the plaintiff/respondent, decree for damages of Rs. 4,60,800/- was claimed with interest @ 18% p.a.

(3.) Aforesaid suit of the plaintiff/ respondent was contested by the defendant/ appellant by filing a written statement, stating that the averment of the plaintiff/respondent to the effect that defendant is the adopted son of the tenant of the plaintiff/ respondent is not denied and in the replication filed by the plaintiff/ respondent, the factual assertion of the defendant/ appellant being the adopted son of the tenant of the plaintiff/respondent has not been controverted.