(1.) This Regular First Appeal under Section 96 of the Code of Civil Procedure, 1908 (CPC) is filed by the defendant in the suit impugning the judgment of the Trial Court dated 25.9.2017 by which trial court has decreed the suit filed by the respondent/plaintiff for possession and damages with respect to suit property bearing no.4685, Gali Razia Begum, Hauz Qazi, Delhi-110006. Trial court has awarded damages at Rs.5,000/- per month.
(2.) There is no dispute that the respondent/plaintiff is the owner of the suit property and earlier one Sh. Ram Chander was the tenant in the suit premises and on the death of Sh. Ram Chander, his widow Smt. Shanti Devi became the tenant of the suit premises. The appellant/defendant claims that she was adopted by Smt. Shanti Devi and hence being the adopted daughter of Smt. Shanti Devi she could not be evicted as the rent of the suit premises was Rs.40/- per month and appellant/defendant inherited the tenancy rights under Section 2(l) of the Delhi Rent Control Act, 1958 and thereby Section 50 of the Delhi Rent Control Act was a bar for the respondent/plaintiff to file the subject suit in the civil court
(3.) After pleadings were complete the trial court framed the following issues:-