BHARAT MAL Vs. RAM AVTAR

JUDGEMENT

(1.) The appellant vide the present Regular Second Appeal No. 309/2016 assails the impugned judgment dated 29.8.2016 of the First Appellate Court of the District & Sessions Judge-East, Karkardooma in RCA No. 257/2016 whereby the appeal filed by the appellant herein Bharat Mal @ Bharat Kumar against the impugned judgment dated 28.3.2016 of the Senior Civil Judge-East, Karkardooma, Delhi in suit No. 6588/2016 was dismissed.

(2.) Vide judgment dated 28.3.2016 of the learned Trial Court in suit No. 6588/16, the suit filed by the plaintiff herein arrayed as the respondent to the present appeal seeking the grant of a decree of possession, recovery, permanent injunction and damages against the defendant (arrayed as the respondent herein) was decreed to the effect that the plaintiff, i.e., the respondent herein was held entitled for the suit property against the defendant/i.e., the appellant herein, in the capacity of better sub-licensee than the defendant/ i.e., the appellant herein restraining the defendant/ i.e., the appellant herein and his agents, successors, and attorney from creating any third party interest or selling or parting with the suit property to any other person than the plaintiff/i.e., the respondent herein, though the prayer made by the plaintiff, i.e. the respondent herein, seeking the recovery of an amount of Rs.30,000/- towards the arrears of rent and the prayer made by the plaintiff i.e. respondent herein seeking the damages against the defendant, i.e., the appellant herein were declined.

(3.) The facts brought forth on a perusal of the records of the present RSA No. 309/2016 and the impugned judgment of the learned Trial Court and the learned First Appellate Court and the Trial Court Record and the Appellate Court Record which have been received on requisitioning, are: