(1.) This appeal arises out of the impugned judgment and decree dated 04.11.2009 passed by the learned trial court in Suit No. 641/2009, wherein the learned trial court has allowed the application of the respondent No. 1?landlord, filed under Order XII Rule 6 of CPC and passed a decree of eviction against the appellant, while keeping the issue in respect of damages and mesne profits pending for further adjudication.
(2.) The facts of the case relevant for the disposal of the present appeal are as follows.
(3.) The respondent No. 1 is the landlord owning the suit premises which are occupied by the appellant. The respondent No. 1 filed a suit for possession, damages and permanent injunction in respect of its premises being a flat on the second floor of house No. 3/9, Sarvpriya Vihar, New Delhi, comprising of two bedrooms with attached bathrooms, a drawing-cum-dining room, kitchen, balconies and a servant quarter on the third floor.