Dismissed

Shanti Devi v. Mange Ram Gupta

Delhi HC2 Feb 2011RFA/123/2001

Case brief

AI extract

What is this about?

The High Court of Delhi dismissed a Regular First Appeal under Section 96 CPC against a judgment dismissing a suit for recovery of rent, water, and electricity charges. The court found no perversity in the lower court's observation that the appellant failed to prove the existence of rent arrears or the rate of rent.

What did the court decide?

The Regular First Appeal was dismissed with no order as to costs; the Trial Court record was sent back.

Shanti Devi Vs Mange Ram Gupta — Civil Procedure and Limitation | Delhi HC (2011)

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IN THE HIGH COURT OF DELHI AT NEW DELHI

RFA No.123/2001

2^nd February, 2011

SMT. SHANTI DEVI

...... Appellant Through: None

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VERSUS

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SH.MANGE RAM GUPTA

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...... Respondent Through: None

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CORAM:

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HON’BLE MR. JUSTICE VALMIKI J.MEHTA

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Whether the Reporters of local papers may be allowed to see the judgment?

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To be referred to the Reporter or not?

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Whether the judgment should be reported in the Digest?

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VALMIKI J. MEHTA, J (ORAL)

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This case is on the Regular Board of this Court since 3.1.2011 and today it is effective item no.8 on the Regular Board. It is 3:30 pm. No one appears for the parties. I have therefore gone through the record and am proceeding to dispose of the matter.

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The challenge by means of this Regular First Appeal under Section 96 of the Code of Civil Procedure, 1908 is to the impugned judgment and decree dated 9.2.2001 whereby the suit of the appellant/plaintiff for

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Page 1 of 3

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RFA No.123/2001

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recovery of Rs.1,05,000/- was dismissed. The recovery claimed was towards arrears of rent, water and electricity charges.

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The Trial Court has held that there was no proof that the rent was increased from Rs.120/- to Rs.2,000/- The Trial Court has further held that the property in question was already transferred and the arrears are claimed from 1991 to 10.4.1996, when the property was sold. The Trial Court has rightly observed that there was no reason for the appellant/plaintiff to remain silent from 1991 till 1996 for sending of the notice claiming arrears of rent if really the rent was in arrears. The Trial Court has further rightly recorded that there was no proof on record as to what is the rate of rent. Though, the observations of the Trial Court with regard to entitlement to recover rent being of the new owner, may not be called for in the facts and circumstances of the case, however, the conclusion of the Trial Court is otherwise correct that the appellant/plaintiff has failed to discharge her onus to prove that the arrears of rent were due to her, more so because the respondent proved on record sending of two money orders (exhibited as Ex.DW1/P1to Ex.DW1/P4 which are money order receipts and the postal receipts) totaling Rs.3,000/- and which were duly received by a family member of the appellant/plaintiff. The money orders were sent on 10.1.96 and in the notice dated 26.2.96, Ex.P2, there is no mention of the money orders for claiming of the amount payable towards the arrears of rent and other charges from the defendant.

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Page 2 of 3

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RFA No.123/2001

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I do not find any illegality and perversity in the impugned judgment and decree which calls for interference by this Court in appeal. Merely because two views are possible, this Court is not entitled to interfere unless the view taken by the Trial Court is perverse. There is no perversity in the impugned judgment and decree. The appeal is therefore without merits and the same is dismissed leaving the parties to bear their own costs. The Trial Court Record be sent back.

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February 02, 2011 ib

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VALMIKI J. MEHTA, J.

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Page 3 of 3

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RFA No.123/2001

Shanti Devi v. Mange Ram Gupta

Case brief

What is this about?

What did the court decide?

Shanti Devi v. Mange Ram Gupta

Case brief

What is this about?

What did the court decide?

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