ASHOK BHATIA Vs. OM PRAKASH MALHOTRA

JUDGEMENT

(1.) THE counsel for the respondent says that the respondent has taken back the file and, therefore, he has no instructions. This matter is on the Regular Board of this Court since 4.7.2011. Today the matter is effective item No.6 on the Regular Board. I have, therefore, heard counsel for the appellant and am proceeding to dispose of the appeal.

(2.) THE challenge by means of this Regular First Appeal filed under Section 96 of the Code of Civil Procedure, 1908 (CPC) is to the impugned judgment dated 18.1.2003 passed by the Trial Court. By the impugned judgment, the Trial Court dismissed the suit for possession and mesne profits filed by the appellant / plaintiff.

(3.) AFTER completion of pleadings, the Trial Court framed the following issues: 1. Whether the present suit of the plaintiff is not maintainable u/s 50 of the DRC Act? OPD 2. Whether the present suit is barred u/o 2, 3 & 4 of CPC as alleged in P.O. No.2? OPD 3. Whether the present suit of the plaintiff is barred by limitation as alleged in P.O. No.5? OPD 4. Whether the suit of the plaintiff has been properly valued?OPP 5. Whether the plaintiff is entitled for the decree of possession? OPP 6. Whether the plaintiff is entitled for damages / mesne profits as alleged? OPP 7. Whether the plaintiff is entitled for the decree of permanent injunction? OPP 8. Relief.