SHRI SANJAY SHARMA Vs. SHRI MADAN MOHAN SHARMA

JUDGEMENT

(1.) THOUGH this is a first appeal under Section 96 of Civil Procedure Code (CPC), 1908 against the judgment and decree of the learned Additional District Judge and is before this Bench today for the first time for admission and further though ordinarily first appeals require consideration on merits after perusal of the records, but the facts of the present case are such that there is no need to follow the said ordinary procedure which would result in the negation of justice.

(2.) THE respondent filed the suit from which this appeal arises against the appellant for recovery of possession of flat No.74C, Pocket -E, Dilshad Garden, Delhi claiming the appellant to be in trespass/unauthorized possession thereof and for recovery of mesne profits at the rate of Rs.6,000/ - per month.

(3.) ON the pleadings of the parties, the following issues were framed: