VALMIKI J. MEHTA, J.

1. This Regular First Appeal under Section 96 of Code of Civil Procedure, 1908 (CPC) is filed by the plaintiff in the suit impugning the judgment of the Trial Court dated 27.11.2004 whereby the trial court has dismissed the suit of the appellant/plaintiff filed for recovery of Rs.3,58,424/- claimed on account of arrears of rent. At the outset I would like to note that there was a second relief claimed in the suit of the direction against the respondent/defendant to demolish certain illegal construction in the tenanted premises, however counsel for the appellant/plaintiff states that this relief is not pressed.

2. The facts of the case are that the appellant/plaintiff claimed that the respondent/defendant was let out an area of 5,500 sq. yards situated in Khasra nos. 288/2, 291/2, 293/2 and 292/2 in village Siraspur, Delhi. This area of 5500 sq. yds. was let out to the respondent/defendant in terms of the lease deed dated 28.2.1989. It was further pleaded in the plaint that the property was let out to the respondent/defendant under the lease deed dated 28.2.1989 by the mother of the appellant/plaintiff Smt. Harjeet Kaur along with another co-owner Sh. Ve