C.D.JOSEPH Vs. SARASWATI DEVI

JUDGEMENT

(1.) THIS regular second appeal is filed against the impugned judgment of the first appellate court dated 2.7.2005. The first appellate court by the impugned judgment allowed the two appeals which were filed by the respondent no.1 herein, and who is also the respondent no.1 in the other connected appeal being RSA No. 302/2005. By the self -same impugned judgment appellate court dismissed the cross -objections filed by the present appellants -plaintiffs.

(2.) DISPUTE in the present case is as to whether the appellants who were admittedly the tenants in two shop nos.16, Lady Harding Road, New Delhi and 18, Lady Harding Road New Delhi, besides having tenancy rights in the shops, do they have tenancy rights in a passage, staircase and the roof over the shops which are themselves situated on the ground floor. The first appellate court has given the following conclusions to accept the appeals of the respondent no.1 herein in both the appeals and who were the main contesting defendants in the trial court. These main contesting defendants are the admitted owners of the suit property having purchased the property by means of sale deeds proved on record as Ex.PW7/6 and Ex.PW7/7. These conclusions are as under: -

(3.) IN view of the above, no substantial question of law arises in this appeal to be entertained under Section 100 CPC, and therefore the appeals are dismissed, leaving the parties to bear their own costs.