SUSHIL KUMAR GUPTA Vs. JINDAL CHARITABLE TRUST

JUDGEMENT

(1.) The present appeal arises out of judgment dated 5th September, 2016 passed by the Trial Court, by which the suit for declaration and repossession filed in respect of the property bearing no.1/8B, First Floor, Jindal Trust Building, Asaf Ali Road, New Delhi 110002 (hereinafter, "suit property") was dismissed. The Appellant/Plaintiff (hereinafter "Plaintiff") filed the suit for declaration, re-possession and injunction against Jindal Charitable Trust, Respondent/Defendant (hereinafter "Defendant").

(2.) It is the case of the Plaintiff that he entered into the suit property in May, 1981. In paragraph 5 of the plaint, Plaintiff admits that one Mr. B. D. Gopal Dass was the tenant who was running his business from the suit property in the name and style of M/s Ajeet Sales Corporation. It is clear from a reading of the plaint that the Plaintiff has been inducted in the suit property by Mr. B. D. Gopal Dass. It is submitted by learned counsel for Plaintiff that the Managing Trustee of the Defendant, at that time, had agreed to the tenancy as is evident from the letter dated 16th December, 1989, in which he acknowledged receipt of Rs.15,000/- from the Plaintiff for use and occupation of the suit premises. It is the Plaintiff's case that by virtue of this receipt, his tenancy in the suit property was confirmed and agreed to by the Defendant. Thus, it is the Plaintiff's case that he could not have been evicted without proceedings being taken against him, in accordance with law.

(3.) On the other hand, the Defendant's submission is that the eviction petition filed by it against Mr. B. D. Gopal Dass was decreed in its favour on 26th November, 2012. It is the Defendant's case that the Plaintiff has no locus standi, inasmuch as the tenant was Mr. B. D. Gopal Dass, against whom eviction proceedings were initiated under the Delhi Rent Control Act, 1958 and eviction orders were passed. The Defendant also stated that the suit of the Plaintiff is barred by limitation.