KISHAN DUBEY Vs. MUKESH GUPTA

JUDGEMENT

(1.) C M No.16793/2019 (for exemption).

(2.) The application stands disposed of. RSA 67/2018, 16792/2018 (for stay) and CM No.16794/2018 (for condonation of 46 days delay in refiling the appeal).

(3.) This Regular Second Appeal under Section 100 of the Code of Civil Procedure, 1908 (CPC) impugns the judgment and decree [dated 5th January, 2018 in RCA No.98/2016 of the Court of Additional District Judge-I (NorthEast)] allowing the First Appeal under Section 96 of the CPC filed by the respondent/plaintiff against the judgment and decree [dated 24th October, 2016 in CS No.5338/15 of the Court of Administrative Civil Judge (NorthEast)] of dismissal of suit filed by the respondent/plaintiff for ejectment of the appellant/defendant from immovable property after determination of tenancy at a rent of Rs. 3,600/- per month and for recovery of mesne profits. Axiomatically, the First Appellate Court has passed a decree in favour of the respondent/plaintiff and against the appellant/defendant of ejectment of the appellant/defendant from ground floor of property no.D-416 (Old), new no.D-1051, Bhajanpura, Main Gamri Road, Shahdara, Delhi and for recovery of arrears of rent and for recovery of damages @ Rs. 12,000/- per month.