MAHAVIR PRASHAD Vs. SUKHDEV MONGIA

JUDGEMENT

(1.) This Regular First Appeal has been filed by the defendant/appellant Sfari Mahavir Prashad against the decree passed by the Additional District Judge dated 10th July, 1986 in Suit No. 224 of 1984 filed by ttis plaintiffs/respondents herein. The said decree was passed in favour of the plaititi fs/respondents for possession of the portion comprising of two rooms, one kitchen and common latrine and bath room on the ground floor of the property bearing No. 4759, Deputy Gaoj, Sadar Bazar, Delhi, and for damages for use and occupation with effect from 1st April, 1983 to 31st July, 1984 @ Rs.50U.00 per month as also for further damages at the same rate from 1st August, 1984 till recovery of possession.

(2.) In the plaint it is stated by the plaintiffs that they are the owners of property No. 4759. Deputy Ganj, Sadar Bazar, Delhi, which was construct- ed on plot No 5. It is further slated that they purchased the property by virtue of different registered sale deeds from its previous owners, namely S/Shri Jai Narain Prashad Aggarwal, Jagdish Prashad Aggarwal, Vijay Aggarwal, Pradeep Aggarwal, Pranab Aggarwel, Smt. Nirza Bansal, Smt. Raj Kumari Aggarwal and Smt. Ram Kali Devi in April, 1984. As per the sale deeds executed by the previous owners the plaintiffs (respondents herein) were authorised to recover the damages from the unauthorised occupants of the property, including the defendant, for the earlier period also i.e. before the date of purchase of the property. The plaintiffs' case is that the defendant is an unauthorised occupant of two rooms, one kitchen and common latrine and bath room on the ground floor of the said property and that the said por- tion is being unauthorisedly used by the defendant as a godown even though it is a residential portion. The plaintiffs claimed damages for unauthorised use and occupation @ Rs. 1000.00 per month from April, 1983 onwards. According to the plaintiffs an amount of Rs. 16.000.00 became due as damages with effect from 1st April. 1983 to 31st July,1984. The plaintiffs further claimed damages @ Rs 1000.00 per month. Acording to the plaintiffs, the cause of action arose in their favour in April, 1984 when they purchased the property and a cause of action for damages for use and occupation arose from April,.1983.

(3.) The suit was contested by the defendant/appellant herein. The defendant raised various preliminary objections, namely-as the value of the suit property is more than Rs. 50.000.00 the Court has no pecuniary jurisdic- tion; as the premises is let out to the defendant for residential and commercial purposes and he is a tenant thereof the suit is barred under Section 50 of the Delhi Rent Control Act. 1958 and Section 19 of the Slum Areas (Improvement and Clearance) Act, 1956; as the previous owners had no right to dispose of Joint Hindu Family coparcenary property the alleged sale deeds in favour of the plaintiffs are not valid; the plaint is liable to be rejected because proper court fee has not been paid. The defendant's further case is that be was inducted as a tenant by Lala Jai Narain Prashad, Karta of Joint Hindu Family at a rent of Rs. 30.00 per month with effect from 19th March, 1983 and be was given lawful possession of the premises in question after the possession thereof was surrendered by the previous tenant.