(1.) THESE two appeals have been preferred by the same appellant, namely the legal representative of the deceased Shri Kesari Nandan Kaushik - the original defendant, against the same set of respondents, and pertain to the same property. They involve the same basic issue, viz. whether the deceased appellant/defendant in the suit was the owner of the suit property in his own right - as claimed by him, or whether the original plaintiff/predecessor -in -interest of the respondents, viz. Siri Kishan was the owner and landlord of the suit premises, and the original defendant a tenant of the original plaintiff. Accordingly, both these appeals are taken up for hearing simultaneously. Learned counsels have advanced their common submissions in both the cases.
(2.) RSA 237/2014 has been preferred by the appellant under Section 100 CPC to assail the judgment and decree passed by the First Appellate Court, namely the ADJ -04, South -West District, Dwarka Courts, Delhi in RCA No. 17/2014 (old RCA No. 20/2009), preferred by the respondents herein to assail the judgment & decree dated 24.08.2009 passed by the learned Civil Judge, West, Tis Hazari Courts, Delhi in Suit No. 600/1987 preferred by the original plaintiff Pandit Sirikishan to seek the relief of possession and recovery of mesne profits of Rs. 480/ -. The Trial Court had dismissed the said suit.
(3.) THE original plaintiff Pandit Sirikishan had preferred another suit against the original defendant Shri Kesari Nandan Kaushik being Suit No. 159/1998 for recovery of Rs. 2,880/ - as damages/mesne profits for the period 01.01.1993 till 31.12.1995 at the rate of Rs. 80/ - per month. The said suit was dismissed by the Trial Court, namely the Civil Judge, West, Tis Hazari Courts, Delhi vide judgment & decree dated 24.08.2009, since the first suit i.e. Suit No. 600/1987 had been dismissed.