HARMINDER KHULLAR Vs. SWARAN KANTA JUNEJA

JUDGEMENT

(1.) This first appeal under Section 96 of the CPC impugns the judgment and decree dated 14th December, 2007 of the Court of Addl. District Judge, Delhi dismissing Suit No.119/2006 filed by the appellant/plaintiff. Notice of the appeal was issued and vide ex parte order dated 5th February, 2008 status quo was directed to be maintained. Vide subsequent order dated 7th May, 2008 the appeal was admitted and Trial Court record requisitioned and the interim order made absolute during the pendency of the appeal. On application of the respondents that they are senior citizens, hearing was expedited. The counsels have been heard.

(2.) The suit from which this appeal arises was filed by the appellant/plaintiff pleading:-

(3.) The respondents/defendants filed a joint written statement contesting the suit inter alia on the grounds:-