JAIN COOPERATIVE BANK LTD. Vs. SH. DHARAMVEER MUGRAI

JUDGEMENT

(1.) THE appeal impugns the judgment and decree (dated 1st February, 2013 of the Court of Addl. District Judge (East) District, Karkardooma Court in CS 150/2011) on admissions, of ejectment of the appellant Bank from the ground floor portion of property No. 459/6, Plot No. 30, Bhola Nath Nagar, Delhi,. Notice of the appeal was issued on 11th March, 2013 and vide subsequent order dated 12th April, 2013, the application of the appellant under Order XLI Rule 27 of the CPC was allowed and a copy of Lease Deed taken on record; by the said order the operation of the impugned judgment and decree was also stayed and the appeal listed for final arguments on 8th July, 2013. On 8th July, 2013 the counsels were heard partly but finding the Trial Court record to have not been requisitioned, the same was requisitioned and the appeal listed for further hearing for today. The counsels have been heard further and the record perused.

(2.) THE respondent/plaintiff filed the suit from which this appeal arises for recovery of possession and mesne profits pleading:

(3.) THE respondent/plaintiff filed a replication to the aforesaid written statement alongwith an application under Order 12 Rule 6 of the CPC for decree for ejectment on admissions. A reply was filed by the appellant/defendant to the said application.