SHER SINGH Vs. YOGESH AGGRAWAL

JUDGEMENT

(1.) THE appeal impugns the judgment and decree (dated 20 th December, 2012 of the Court of Addl. District Judge (Central) -04, Tis Hazari Court, Delhi in Suit No.98/12 filed by the respondent) of recovery of possession from the appellant of premises No.5/238, Khichripur, Delhi and of recovery from the appellant of Rs.18,000/ - towards arrears of rent and mesne profits at Rs.6,900/ - per month w.e.f. 5th November, 2004 till 4th November, 2005 and at the rate increased by 15% every year till delivery of possession minus the sum of Rs.17,000/ - paid by the appellant/defendant to the respondent/plaintiff during the pendency of the suit.

(2.) THE appeal is accompanied with applications for condonation of 183 days delay in filing and 52 days delay in re -filing the appeal. The delay in filing the appeal is blamed on the Advocate for the appellant/defendant who is stated to have not informed the appellant/defendant of the status of the case and delay in re -filing is attributed to the appellant/defendant not having sufficient money to pay Court Fees on the appeal. However no name of the Advocate who misguided the appellant/defendant or the date when the appellant/defendant may have contacted the Advocate have been given. The applications thus do not disclose sufficient cause for condonation of delay.

(3.) THE respondent/plaintiff instituted the suit, pleading: - (a) that he was the owner/landlord of the property; (b) that the appellant/defendant was inducted as a tenant therein on a monthly rent of Rs.6,000/ - per month vide registered Lease Deed dated 17th November, 2003 for a period of one year w.e.f.