KULBHUSHAN GOEL Vs. BRIJ MOHAN GOEL

JUDGEMENT

(1.) APPELLANTS have assailed the judgment and decree dated 24.11.2006 of the appellate court whereby the appeal was dismissed and the judgment and decree of the trial court was upheld. In brief the facts of the case are that respondent Mr. Brij Mohan Goel along with his brother Sh. Om Prakash Goel was the owner of property bearing No. 61/11, Ramjas Road, Karol Bagh, New Delhi. The brothers filed a suit for partition and in the final decree for partition dated 14.11.1996, the suit premises comprising of one residential flat on the first floor fell to the share of the respondent.

(2.) THE said flat was in tenancy of Mr. Banarsi Dass Goel on a monthly rent of Rs. 180/ - since the year 1960. The premises were let out for residential purposes only. Respondent terminated the tenancy of Banarsi Dass Goel during his life time through his counsel, Pawan Kumar Gupta vide notice dated 3.1.1985. The said notice was sent through registered cover as well as under postal certificate on 4.1.1985 and 7.1.1985 respectively.

(3.) APPELLANTS in their written statement challenged the jurisdiction of the civil court to entertain the suit for possession by virtue of provisions contained in Section 50 of the Delhi Rent Control Act (hereinafter referred to as DRC Act) and they also disputed the factum of receipt of notice dated 3.1.1985 by Banarsi Dass Goel, as he was hospitalised at the relevant time on account of high blood pressure and they claimed themselves to be the tenants in occupation of the demised premises.