NANHEY KHAN Vs. SMT. KALA MEHTA

JUDGEMENT

(1.) THE appeal impugns the judgment and decree (dated 26th August, 2013 of the Court of the Additional District Judge (ADJ) -01, South District, Saket Courts, New Delhi in Suit No. 186/2011 filed by the respondent against the appellant) of recovery of possession from the appellant/defendant of property No. 7C/6, Gandhi Park, Hauz Rani, Malviya Nagar, New Delhi. The appeal came up for hearing first on 11th November, 2013, when the counsel for the respondent/plaintiff being on caveat, appeared. The appeal was admitted for hearing and the Trial Court record requisitioned. Considering the nature of the controversy and further considering that the parties have been litigating since the year 1993 and yet further finding that the respondent/plaintiff had not been awarded any mesne profits/damages for use and occupation, with consent of the counsels, hearing was expedited and the appeal listed for today for hearing. The counsels have been heard.

(2.) THE respondent/plaintiff sued for possession of the property, pleading:

(3.) THE respondent/plaintiff filed a replication.