(1.) THIS appeal has impugned the judgment and decree dated 26 -4 -2008 which has been endorsed the finding of the trial Judge dated 4 -7 - 2005, whereby, the suit of the plaintiff -Swaran Dhawan had been decreed for possession under the provisions of Order 12, Rule 6 of the Code of Civil Procedure (hereinafter referred to as 'Code').
(2.) PLAINTIFF had filed a suit for possession, permanent injunction and mesne profits. The suit property comprised of two bedrooms, one drawing room, one kitchen, one bathroom, one W.C. and a passage with a covered area of 1100 square fit situated on the ground floor of the property bearing No. D -1, NDSE, Part -I, New Delhi.
(3.) WRITTEN statement was filed by the defendant. During the course of the proceedings, an application under Order 12, Rule 6 of the Code has been filed by the plaintiff to which a reply has been filed.