MUNNA LAL SAINI Vs. SANJAY GULATI

JUDGEMENT

(1.) THE appeal impugns the judgment and decree dated 30 th July, 2007 of the Court of the Addl. District Judge, Delhi in Suit No.206/03/02 filed by the appellant/plaintiff for recovery of possession of shop No.9150 in Gali No.3, Multani Dhanda, Paharganj, New Delhi and in the Counter Claim filed by the respondent/defendant for recovery of Rs.4,76,000/- from the appellant/plaintiff, to the extent the same makes the decree for possession passed in favour of the appellant/plaintiff conditional to the appellant/plaintiff paying a sum of Rs.1,90,000/- to the respondent/defendant.

(2.) NOTICE of the appeal was issued and on the application of the appellant/plaintiff for interim relief the operation of the impugned judgment was stayed. The respondent/defendant failed to appear inspite of service and in the circumstances vide order dated 6 th February, 2008 the earlier ad interim order was made absolute till the disposal of the appeal. The appellant/plaintiff died during the pendency of the appeal and upon application for substitution of his legal heirs being filed, even though the respondent/defendant had failed to appear, notice of the application was again ordered to be issued to the respondent/defendant. The respondent/defendant inspite of service of the notice of the said application also did not appear; accordingly vide order dated 24 th July, 2008 the legal heirs of the deceased appellant/plaintiff were substituted/brought on record and the appeal admitted for hearing. Vide order dated 14 th August, 2013 on the application of the appellant/plaintiff for early hearing, the appeal was directed to be listed in the category of 'Regular Matters Senior Citizens'. None has appeared for the respondent/defendant today also. Finding that there is no earlier order, inspite of failure of the respondent/defendant to appear, proceeding ex parte against the respondent/defendant, the respondent/defendant is now formally proceeded against ex parte in this appeal and the counsel for the appellant/plaintiff has been heard and the Trial Court record perused.

(3.) THE respondent/defendant contested the suit averring:-