PUSHPA SHARMA Vs. V.V.GUJRAL

JUDGEMENT

(1.) The appeal impugns the judgment and decree (dated 14th February, 2013 of the Court of the Addl. District Judge (Central)-08, Tis Hazari Courts, Delhi in CS No.33/2004 filed by the respondents against the appellant) of ejectment after determination of tenancy of the appellant from Shop No.P-4, Connaught Place, New Delhi and of recovery from the appellant of mesne profits/damages for use and occupation at the rate of Rs.40,000/- per month w.e.f. 1st November, 2003 till the delivery of possession, with interest at 9% per annum.

(2.) Notice of the appeal was issued and the Trial Court record requisitioned and subject to the deposit of the entire decretal amount in this Court and the appellant/defendant further continuing to deposit further amounts month by month as ordered in the impugned judgment and decree, execution was stayed. The appellant/defendant subsequently applied for being relieved from the condition of deposit of the decretal amount but which application was dismissed. The appellant/defendant is not reported to have deposited the decretal amount as directed. The counsels have been heard.

(3.) The respondents/plaintiffs, on 30th January, 2004, instituted the suit from which this appeal arises, pleading:-