LIAKAT ALI Vs. AFSAR KHAN

JUDGEMENT

(1.) This second appeal has impugned the judgment dated 25.1.2007. The trial judge vide judgment and decree dated 28.10.2005 had decreed the suit of the plaintiff Afsar Khan filed for possession, damages and permanent injunction in his favour. Suit property was shops bearing no.231/2 & 231/3 situated in house no.234, Main Road, Jafarabad, Delhi-53 which had been let out to the defendant initially at a monthly rental of Rs.75/- per month which was increased to Rs.82.50 paisa per month. The first appellate court vide impugned judgment and decree dated 25.1.2007 had endorsed the findings of the trial judge.

(2.) In this second appeal, the substantial questions of law were formulated on 15.5.2007 which inter alia read as follows:

(3.) On behalf of the appellant it has been urged that in view of the judgment of the Apex Court reported in (2006) 9 SCC 748 Sanjiv Goel vs. Avtar S.Sandhu where an application under Order 41 Rule 27 of the Code of Civil Procedure (hereinafter referred to as `the Code') had been filed before the appellate court, the appeal had been decided without disposing of the application, the Supreme Court had held that it was a miscarriage of justice. The order of the High Court dismissing the second appeal in limine without adverting to this submission of the appellant had been set aside. Matter had been remanded back to the first appellate court for decision on the pending application filed under Order 41 Rule 27 of the Code.