RAM KUMAR SHARMA Vs. M C GUPTA

JUDGEMENT

(1.) The present Regular First Appeal under Section 96 read with Order XLI of the Code of Civil Procedure, 1908 (hereinafter referred to as 'the Code') impugns the judgment and decree dated 9th May, 2016 passed by the learned ADJ, Karkardooma Courts, Delhi in Civil Suit No. 508/15 titled M.C. Gupta vs. Ram Kumar Sharma filed by the respondent/plaintiff [respondent herein] for recovery of possession, damages, pendente lite and future interest with cost, whereby the application of the respondent under Order XII Rule 6 of the Code was allowed and the appellant/defendant [appellant herein] was directed to hand over possession of the suit property bearing house no. 135, Ground Floor, Surya Niketan, Delhi, (subject premises) alongwith costs to the respondent. The appellant was further directed to pay damages @ Rs. 18,000/- per month along with 10% interest from the month of May, 2016 till the handing over of the vacant possession of the subject premises.

(2.) For the purposes of adjudicating the present appeal, it would be relevant to elaborate on certain admitted facts in the said Suit No. 508/15 ('said Suit'). They are as follows:-

(3.) At this juncture, it would be relevant to point out that on a specific query from this Court, it has been admitted on behalf of the appellant that:-