Pradeep Kumar vs Radhemohan Sharma - 2024 Supreme(UK) 143

Judicial Analysis Court Copy Headnote Facts Arguments Court observation

2024 Supreme(UK) 143

RAKESH THAPLIYAL
Pradeep Kumar – Appellant
Versus
Radhemohan Sharma – Respondent

Advocates Appeared:
For the Petitioner: Mr. Piyush Garg, learned counsel
For the Respondent: Mr. Siddhartha Singh, learned counsel .

JUDGMENT :

(Rakesh Thapliyal, J.) :

1. A suit for arrears of rent, eviction and mesne profit was preferred by the respondent/plaintiff being an owner and landlord of the property in question, registered as SCC Suit No. 21 of 2024, Radhemohan Sharma Vs. Pradeep Kumar against the petitioner/defendant on the ground that the property in question was constructed in the year 1994-95, therefore the provisions of Act No. 13 of 1972 are not applicable and prayed for eviction and arrears of rent.

2. During the pendency of the Suit, an amendment was sought in the plaint to the effect that the property in question is the part of the property of Vasundhara Hotel and Rai Surajmal Bahadur Charitable Trust, Calcutta, was the owner in possession of the same. The plaintiff acquired the property by registered lease deed dated 24.03.1994 and since the building is in dilapidated condition, the plaintiff was granted rights in the lease to get the property vacated from the tenants and further to raise new construction after demolition the old structure and has raised new building and the construction was completed in three phases, in the year 1994-95, 1995-96 and 1996-97.

3. It is submitted that the proper

Click Here to Read the rest of this document