MD. YAMIN Vs. SAIRA

JUDGEMENT

(1.) THE challenge by means of the present Regular First Appeal under Section 96 of the Code of Civil Procedure, 1908 is to the impugned judgment and decree dated 9.9.2010 whereby the Respondent's/plaintiff's suit for possession and manse profits was decreed.

(2.) THE property in question is a plot admeasuring 47 square yards bearing number 30 situated in Khasra No. 311, Village Nasirpur , Delhi now known as Indra park, Block -J, New Delhi and the municipal number now given is RZ -26/P -30 -A, Gali No. 10 -E, Indra Park, Palam Colony, New Delhi. The Appellant was the tenant in the suit property under one Mohammad Ibrahim and from which Mohammad Ibrahim the Respondent/plaintiff had purchased the property. The rent paid was at the rate of Rs. 1,100/ - per month. The Respondent/plaintiff filed the suit after termination of tenancy by a notice dated 9.8.2004 as it was alleged that the Appellant had failed to pay the arrears of rent of the tenanted premises. After pleadings were completed, the Trial Court framed the following issues:

(3.) WHETHER the suit is bad for non -joinder of parties? OPP.