MANMOHAN BEDI Vs. RAMESH KUMAR GURIA

JUDGEMENT

(1.) This Regular Second Appeal under Section 100 of the Code of Civil Procedure, 1908 (CPC) impugns the judgment [dated 15th April, 2017 in RCA No.61224/16 (Old No.37/2013) of the Court of Additional District Judge - 13, Central District, Tis Hazari Courts, Delhi] dismissing the First Appeal under Section 96 of the CPC filed by the appellant against the judgment and decree [dated 26th September, 2013 in Suit No.530/2002/1998 of the Court of Senior Civil Judge (West), Tis Hazari Courts, Delhi] of dismissal of the suit filed by the appellant/plaintiff for recovery of possession of immovable property with mesne profits.

(2.) The appeal came up first before this Court on 29th August, 2017, when it was adjourned to 7th September, 2017 and on which date notice thereof was issued to the respondent and the Trial Court record requisitioned. The record of the Suit Court as well as the record of First Appellate Court has been received and the counsel for the respondent has been appearing.

(3.) The counsel for the appellant / plaintiff was heard for the purposes of ascertaining whether any substantial question of law arises, and simultaneously therewith the Trial Court record also gone into. Finding the following substantial question of law: