BHUPINDER KALRA Vs. PARAMJIT KAUR & ORS

JUDGEMENT

(1.) This first appeal under Section 96 of the Code of Civil Procedure, 1908 (CPC) impugns the judgment and decree dated 8th October, 2015 [of the Court of the Additional District Judge (ADJ) -05 (West), Tis Hazari Court, Delhi in CS No.1439/2011 (Unique ID No.02401C0338702011)] of ejectment of the appellant from the shops on first and second floors above the shop bearing no. 4, WZ -296, G -Block, Jail Road, Hari Nagar, New Delhi and for recovery of Rs.4,30,000/ - towards arrears of rent and of Rs.30,000/ - per month towards damages/use and occupation charges w.e.f. June, 2011 till the delivery of possession.

(2.) The appeal came up first before this Court on 3rd February, 2016 when on being told that CM(M) No.872/2015 preferred by the appellant against the order in the suit from which this appeal arises closing the right of the appellant to cross examine the witnesses of the respondents/plaintiffs was also pending consideration, the appeal was ordered to be listed along with the said CM(M) No.872/2015. However it appears that CM(M) No.872/2015 was disposed of on 11th February, 2016 i.e. before this appeal could be listed therewith. Accordingly, notice of this appeal was issued and Trial Court record requisitioned. The appeal, on 3rd March, 2016 was admitted for hearing and considering the nature of the controversy, was posted for hearing on actual date and subject to the appellant/depositing the entire decretal amount due towards mesne profits i.e. Rs.4,30,000/ - plus Rs.30,000/ - per month w.e.f. June, 2011 till March, 2016 execution was stayed. Vide subsequent order dated 28th March, 2016 the appellant was permitted to deposit Fixed Deposit Receipt (FDR) in the name of the Registrar General of this Court on the condition that the interest on the FDR shall accrue to the benefit of the final order and will not be credited to the account of the appellant.

(3.) The counsels were heard on 2nd May, 2016, 9th May, 2016 and 11th May, 2016 and judgment reserved.