PUSHPINDER KAUR Vs. TARA ATRI

JUDGEMENT

(1.) THIS is a regular second appeal filed by the appellant against the order dated 11.8.2014 and 30.9.2013 passed by the learned Additional District Judge dismissing the appeal as well as the review application with regard to payment of arrears of rent and damages.

(2.) I have heard the learned counsel for the appellant and have also gone through the record.

(3.) THE contention of the learned counsel for the appellant, in the instant case, is that the learned trial court as well as the first appellate court had failed to appreciate that the appellant had handed over the vacant and peaceful possession of the suit premises to the respondent on 7.9.2009 by filing an application seeking withdrawal of his suit and, therefore, the appellant ought not to have been saddled with the payment of rent by the learned trial court as well as the first appellant court upto 27.4.2010 when the suit of the appellant was dismissed in default.