Shama Jolly & Anr v. Prakash Chandra

PRADEEP NANDRAJOG, J.

SIDDHARTH MRIDUL, J. OCTOBER 23, 2008 DK

* IN THE HIGH COURT OF DELHI AT NEW DELHI + RFA 146/2007 % Date of Decision: 23.10.2008 SHAMA JOLLY & ANR. ..... Appellants Through: Ms.Anjali Chopra, Adv. versus PRAKASH CHANDRA ..... Respondent Through: Respondent in person. CORAM: HON'BLE MR. JUSTICE PRADEEP NANDRAJOG HON'BLE MR. JUSTICE SIDDHARTH MRIDUL 1. Whether reporters of local papers may be allowed to see the judgment? 2. To be referred to the Reporter or not? 3. Whether judgment should be reported in Digest? : PRADEEP NANDRAJOG, J. 1. Heard learned counsel for the parties. 2. It is urged by learned counsel for the appellants that the learned Trial Judge has ignored vital evidence pertaining to the involvement of Shakil Ahmed with whom the respondent had entered into an agreement to reconstruct the property and that Shakil Ahmed had inducted the appellants as the tenants of shop bearing No.510/2, 510/3 and 510/9. 3. Alternative submission made is that if the landlord does not give the rent receipt the tenant could do nothing for the reason the landlord always has an upper hand. 4. Relevant facts are that the respondent filed a suit for possession and mesne profits against the appellants alleging that he was the owner of shops bearing Municipal No.510/15, 510/9, 515/2 and 515/3. 5. He alleged that he had let out only shop No.510/15 to the respondents vide rent deed dated 10.8.1999 for a period of 11 months at a rent of Rs.800/- per month and that the respondents had trespassed into the other three shops. So stating, suit was filed seeking recovery of possession of shop No.510/9, 515/2 and 515/3. 6. In the written statement filed by the tenants, it was admitted that vide rent note dated 10.8.1999, shop No.510/15 was taken on rent by them at a monthly rent of Rs.800/-. Pertaining to shop No.515/9, 515/2 and 510/10 it was averred as under:- "On 15.1.2000, the defendant No.1 had further taken shop No.515/9 and 515/2 measuring 6' x 6 ½' at a monthly rent of Rs.200/-. On 5.8.2000 the defendant No.1 took another shop bearing No.510/10 measuring 10' x 12' at a monthly rent of Rs.300/-." 7. It was further averred in the preliminary objections as under:- "No writing with respect to the tenancy created and rent received in respect of shop No.515/9, 515/2 and 510/10 was executed or issued by the plaintiff. Since plaintiff used to issue rent receipts for the rent received in respect of shop No.510/15, therefore the defendant No.1 demanded that receipts in respect of the rent paid for the other three shops be also issued. The plaintiff refused to issue the rent receipt for the said three shops during the financial year 2000-01 on the ground that his house tax assessment for the said year had already been made on a relatively low rental value and the issuance of the rent receipts would cause financial loss to the plaintiff. He promised to issue rent receipt from the financial year beginning from 1.4.2001 and onwards." 8. In respect to the averments made in the plaint, in para 1 where the respondent had pleaded that he was the owner of the shop No.510/5, 510/9, 515/2 and 515/3 it was averred as under:- "1. That it is not denied that the plaintiff is the owner and landlord of the property bearing No.510/15, 515/9, 515/2 & 515/3 (510/10) situated at Ganda Nala Bazar, Gali Imli Wali, Mori Gate, Delhi-110 006. However, it is denied that only shop No.510/15 was let out by the plaintiff to the defendant No.1. It is submitted that shops Nos.515/9 & 515/2 were also taken on rent by the defendant No.1 on 15.1.2000 and shop No.510/510 old number which the plaintiff has now renumbered as 515/3 was taken on rent on 5.8.2000 at a monthly rental of Rs.200/- and Rs.300/- respectively by the defendant No.1 from the plaintiff." 9. Thus, the first plea raised by learned counsel for the appellants that the learned Trial Judge has not considered evidence relatable to the respondent having got the property re- developed through Shakil Ahmed and he inducted them as tenants is of no consequence. 10. Suffic