FATEH SINGH Vs. SUDHA SHARMA

JUDGEMENT

(1.) This appeal has been preferred against the judgment of the First Appellate Court confirming the judgment and decree of the learned Civil Judge dated 19.8.1995. According to the plaintiff-appellant he let out to the defendant-respondent premises No.19/112, having an area of 50 sq.yds. in Khasra No. 207/200, Nimmri, known as West Moti Bagh, Sarai Rohilla, Delhi w.e.f. 1.1.1993 at the rate of Rs. 3,500.00 per month consisting of one big hall on the ground floor and one big room on the first floor. One month's rent was paid in advance. There was no formal rent agreement. The defendant-respondent did not pay the rent for the month of February, 1993. On 18th March, 1993 the plaintiff-appellant found that the defendants have started making some additions and alterations in the tenanted premises against the terms of tenancy and started demolishing original structure. The defendant did not pay any heed to his request not to do the same. The plaintiff appellant filed a suit.

(2.) The defendant-respondents contested the suit and claimed that the plaintiff is neither the owner nor the landlord of the property in question qua the defendants. It appears that defendant No.2 entered into an agreement to purchase the property from one Pardeep Goswami for a sum of Rs. 60,000.00 and executed an agreement to sell on G.P.A. and affidavit and got the receipt registered. The defendant also claimed that the suit is bad for misjoinder of defendant No.1. The trial proceeded on the following issues :

(3.) The learned Trial Court ordered the deletion of name of respondent No.1 from the array of defendants and that finding was not challenged before the First Appellate Court.