KRISHNA AGRAWAL Vs. RASHMI KESHARWANI

JUDGEMENT

(1.) Heard on admission.

(2.) This is defendant's appeal under Section 100 of the CPC by which the first appeal preferred by the appellant / defendant under Section 96 of the CPC was dismissed by the first appellate Court affirming the judgment and decree of the trial Court granting decree for recovery of possession and arrears of rent against the appellant / defendant.

(3.) The plaintiffs/respondents herein filed suit for recovery of possession, arrears of rent and damages against the appellant / defendant stating inter alia that the plaintiffs / respondents have purchased the suit land from the erstwhile owner of the suit accommodation Shri Sharda Prasad Shukla in which the present appellant / defendant is tenant of Shri Sharda Prasad Shukla and despite service of notice, neither the suit accommodation has been vacated nor possession has been handed-over and therefore decree for possession, arrears of rent and damages be granted in favour of the plaintiffs. The defendant entered into appearance and opposed the suit stating inter alia that the suit is not properly constituted and it is barred by res judicata and further, the defendant has pleaded that he has perfected his title by way of adverse possession.