SHRI HIRALAL AND ORS Vs. SH BALBIR SINGH BHATIA
LAWS(DLH)-2007-2-245
HIGH COURT OF DELHI
Decided on February 08,2007

SHRI HIRALAL AND ORS Appellant
VERSUS
SH BALBIR SINGH BHATIA Respondents

JUDGEMENT

- (1.) In this appeal, the appellants have questioned the abatement of their whole appeal as per judgment delivered by the first appellate court dated 16.09.2006. The facts germane to the case of the respondent/plaintiff are these. Jagan Nath, who was tenant in respect of a portion of property No. 695-696, Gali Kunde Wali, Ajmeri Gate, Delhi, occupied the suit premises before 1962 i.e. prior to coming into force of Transfer of Property Act. However, notice of termination of tenancy dated 23.2.1993 was served, wherein his tenancy was terminated by midnight of 31.03.1993. Jagan Nath sent reply to the said notice dated 09.03.1993. Consequently, Jagan Nath became a statutory tenant. Jagan Nath died leaving behind his widow Lakshmi Devi. Lakshmi Devi also expired on 01.12.2003. The landlord respondent filed a suit for recovery of possession and damage, mesne profits against the appellants/defendants who are children of Jagan Nath. Eviction petition was filed against Lakshmi Devi but the same was dismissed. However, when the landlord wanted to file appeal, it transpired that she had expired on 01.12.2003. Smt. Lakshmi Devi was entitled to live in the tenanted premises for her life, as per provision of Section 2(1) of Delhi Rent Control Act. Consequently, no appeal was filed. After her death, when the children became the trespassers of the case property, the abovesaid suit was filed. Damages in the sum of Rs. 1500/- per month were demanded w.e.f. 02.12.2003 onwards.
(2.) In their written statement, children of Jagan Nath claimed that they were the tenants in the premises in question. They averred that notice in question was bad in law. Again, no ground available in the Delhi Rent Control Act was found mentioned in the notice. The entire rent was paid during the lifetime of Late Jagan Nath under Section 27 of Delhi Rent Control Act because the plaintiff/respondent had refused to accept the money order and the rent.
(3.) The Trial Court decreed the suit and passed the order of recovery of possession of the suit property and recovery of mesne profits @ Rs. 1000/- per month w.e.f. 02.12.2003 till the recovery of the case property. The trial court also awarded interest @ 9% per annum besides the costs.;


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