MADHVI SINGH & ORS Vs. PAVIK LIFESTYLE LTD

JUDGEMENT

(1.) This first appeal under Section 96 of the Code of Civil Procedure, 1908 (CPC) impugns the judgment and decree dated 27th May, 2015 of the Court of Additional District Judge (ADJ) -12, Central District, Tis Hazari Courts, Delhi of dismissal of CS No.245/14/08, I.D. No.02401C0324222008 filed by the appellants / plaintiffs for ejectment of the respondent / defendant from the ground floor of property No.D -2, Maharani Bagh, New Delhi (after determination of tenancy, rent being in excess of Rs.3,500/ - per month) and for recovery of arrears and future mesne profits.

(2.) The appeal came up first before this Court on 4 th August, 2015 when notice thereof was issued and Trial Court record requisitioned. Though ordinarily first appeals are being heard after "admission" and in the category of "regulars" but finding the impugned judgment to be against the grain of the recent trend of judgments in such suits including of the same learned ADJ and finding the impugned judgment and decree to be causing palpable injustice and injury to the appellants/plaintiffs, the appeal vide order dated 8th March, 2016 was ordered to be listed on 15th March, 2016 for final hearing. On 15th March, 2016, the matter was adjourned to 31st March, 2016 when the counsels were heard and judgment reserved. The trial court record requisitioned has been perused.

(3.) The appellants/plaintiffs Smt. Madhvi Singh and Sh. G.N. Singh (who died during the pendency of the suit and is now represented by his legal heirs) on 29th February, 2008 instituted the suit from which this appeal arises pleading: