DALIP KUMAR GUPTA Vs. KUSHAL CHAND GARG

JUDGEMENT

(1.) The present appeal under Section 96 of the Code of Civil Procedure, 1908 has been preferred assailing the judgment and decree dated 24.04.2019 passed by the learned Additional District Judge, East District, Karkardooma Courts, Delhi decreeing the suit for possession filed by the respondent/plaintiff being Civil Suit No.1634/2016.

(2.) Under the impugned judgment, the appellant/defendant has been directed to hand over the vacant and peaceful possession of the suit premises situated at the property bearing no.3/130, Lalita Park, Laxmi Nagar, New Delhi comprising of Shop no.4 on the ground floor along with a small portion of the first floor consisting of four rooms, toilets, etc. admeasuring 110 sq. yards. The learned Trial Court has further directed the appellant to pay mesne profits at the rate of Rs.8,000/- per month w.e.f. 01.08.2015 to 31.07.2016 with 15% annual enhancement thereon till vacant possession of the property is handed over to the respondent.

(3.) The appellant while working as a caretaker of M/s Jyoti Music Pvt Ltd. being run by one Mr.Puran Singh Kainth who was the erstwhile owner of the suit premises, was initially permitted to stay in a portion of the same without payment of any amount to the owner. Subsequently, when M/s Jyoti Music Pvt. Ltd. came to be wound up, the appellant requested Mr.Kainth to permit him to occupy the suit premises as a tenant and, accordingly, at the appellant's request the suit premises was leased out to him for a period of 11 months vide lease deed dated 02.03.2010 at a monthly rent of Rs.3,600/-. The appellant accordingly paid rent to Mr.Kainth for a few months, whereafter he stopped paying any rent.