DEEPAK KR. ARYA Vs. JATINDER GUPTA

JUDGEMENT

(1.) THE plaintiff seeks decree of possession in respect of first floor premises of C -545 Defence Colony (hereafter "the suit property") with damages and mesne profits.

(2.) ACCORDING to the suit averments, the plaintiff acquired ownership of the suit property, through a registered Sale Deed dated 19 -07 -2002, executed by its then owner, Ms. Bhanu Sangwan. The plaintiff contends that the defendant is a tenant in respect of the suit property consisting of two bedrooms two bathrooms detection and common front terrace. The monthly rent reserved was Rs. 11,000/ - besides other charges; the premises were let out to him through a Rent Deed dated 11 -11 -2001, for a period of 11 months, executed between him and Ms. Bhanu Sangwan. It is contended that after the execution of the sale deed in the plaintiff's favour, Ms. Bhanu Sangwan, on 29 -7 -2002 informed the defendant about the fact and requested him to attorn the tenancy in favour of the plaintiff and also called upon him to pay arrears of rent with effect from December 2001, (to the plaintiff).

(3.) IN the written statement, the defendant does not dispute having come into possession of the suit premises, in the manner alleged by the plaintiff; the rent deed dated 11 -11 -2001 is not denied. The defendant however, urges that the plaintiff doesn't have any right, title or interest in the property, and challenges his (the plaintiffs')right to maintain the present suit for possession and damages.