PUNEET PRAKASH Vs. SURESH KUMAR SINGHAL & ANR

JUDGEMENT

(1.) The present appeal has been filed by the Appellant/Plaintiff No.1 challenging the impugned judgment dated 18th August, 2015 by which the suit filed by the Plaintiffs (hereinafter, "Plaintiffs") was dismissed.

(2.) Shri Puneet Prakash and Shri Varun Prakash sons of Shri J.P. Sharma claimed to be owners of property bearing No.HS-19, Kailash Colony, New Delhi-110048 which consists of a house along with two tenanted shops located on the ground floor facing market road.

(3.) It is the Plaintiffs' case that their grandmother Smt. Sona Devi purchased the property on 2nd June, 1994 from Smt. Parmodini Saxena wife of Shri V.K. Saxena; Shri Sharad Kant Saxena and Sh. Shri Kant Saxena, both sons of late Shri V.K. Saxena, as described in paragraph 2 of the plaint. The Plaintiffs pleaded that they have inherited the property from their grandmother by Will dated 25th October, 1996. According to the plaint, the Defendant was the tenant of shop No.1 of the suit property, consisting of two portions, admeasuring 14 x 15 feet and store/office admeasuring 14 x 13 feet on a monthly rent of Rs.300/- by virtue of rent deed dated 27th November, 1975 entered into between the Defendant and Shri V.K. Saxena, the erstwhile owner. According to the Plaintiffs, after their grandmother purchased the property, a meeting was held with the Defendant wherein he agreed to pay the rent of Rs.3,000/- per month, excluding water and electricity charges and accordingly the rent for the month of July, 1994 was paid by the Defendant. The property was mutated in the name of the grandmother of the Plaintiffs on 8th August, 1994. However, thereafter the Defendant reverted back to paying Rs.300/- as rent and vide letter dated 17th September, 1996 sent Rs.8,100/- as the rent for the period 1st July, 1994 to 30th September, 1994 which was returned by Smt. Sona Devi. The Will was thereafter executed by her on 25th October, 1996 and she passed away on 4th December, 1998.