(1.) The appeal impugns the judgment and decree (dated 6th January, 2004 of the Court of the Additional District Judge (ADJ), Delhi in Suit No.74/2001 filed by the respondent) against the appellant of recovery of possession of the entire second floor of property No.WZ-21A, Village Shakurpur, Sri Nagar, Delhi and mesne profits/damages for use and occupation at the rate of Rs.4,000/- per month with effect from the date of the filing of the suit and till the delivery of possession.
(2.) The respondent/plaintiff instituted the suit from which this appeal arises, pleading:-
(3.) accordingly suit for recovery of possession of second floor along with mesne profits at Rs.5,000/- per month was filed.