HARISH KUMAR Vs. ASHOK GULABANI

JUDGEMENT

(1.) THE challenge by means of this Regular First Appeal filed under Section 96 of Code of Civil Procedure, 1908 (CPC) is to the impugned judgment of the trial Court dated 26.4.2003 dismissing the suit filed by the appellants/plaintiffs for possession and mesne profits with respect to one shop in the premises bearing No.90/40-A, ground floor, Malviya Nagar, New Delhi.

(2.) THE case of the appellants/plaintiffs was that the respondent/defendant was a close friend of plaintiffs and therefore was given one room of 8' X 13' on licence basis. It was stated in the plaint that the room was given about 13 years back because of the close relations and when the respondent/defendant failed to vacate, a legal notice was issued on 1.6.2002 to vacate the property. The notice was replied by the respondent/defendant stating that he was a tenant in the premises at Rs. 2,00/- per month. Since the respondent/defendant failed to vacate the property, the present suit for possession and mesne profits was filed.

(3.) AFTER completion of pleadings, the trial Court framed the following issues:-