VIKAS JAIN Vs. NARESH KUMAR

JUDGEMENT

(1.) COUNSEL for the respondent states that the impugned judgment and decree for possession and mesne profits has already been executed and the respondent/plaintiff has received not only the possession of the suit property but also the mesne profits awarded. Counsel for the appellant/defendant states that the appellant seeks to pursue the appeal on merits for setting aside the impugned judgment and decree dated 23.8.2011 by which it was held that the appellant/defendant was not a tenant in the suit premises and was a trespasser.

(2.) THE facts of the case are that the respondent/plaintiff filed a suit for possession of the suit property comprising of one shop bearing private No.3, measuring 8'3" X 32', forming part of property bearing No.F- 169, Khasra No.52/20, Village Khureji Khas, Laxmi Nagar Extension, Delhi. The respondent/plaintiff claimed to have purchased the rights in the suit property from the earlier owner Sh. Prem Chand Jain vide usual documents being the agreement to sell, power of attorney, receipt of payment etc, all dated 7.8.2000. The respondent/plaintiff received possession of the suit shop on execution of the documents dated 7.8.2000. When the respondent/plaintiff visited the suit premises in March, 2001 it was noticed that the locks of the shop had been changed and the appellant/defendant was in possession thereof claiming tenancy rights therein. It was further averred that the respondent/plaintiff lodged an FIR with the police bearing No.167/2001 and which case is pending disposal. It was pleaded that the appellant/defendant was a trespasser in the suit property and therefore the subject suit was filed for possession and mesne profits.

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