LALIT DUTT SHARMA Vs. LOKESH JASORIA

JUDGEMENT

(1.) This Regular Second Appeal under Section 100 of the Code of Civil Procedure, 1908 (CPC) impugns the judgment and decree [dated 12th February, 2018 in RCA No.61971/2016 of the Court of Additional District Judge (ADJ)-9 (Central), Tis Hazari Courts, Delhi] of dismissal of First Appeal under Section 96 of the CPC preferred by the appellant against the judgment and decree [dated 13th October, 2016 in Suit No.99591/2016 (Old No.63/2015) of the Court of Civil Judge-11 (Central), Tis Hazari Courts, Delhi], of recovery of possession of property No.1032, Kucha Sharif Beg, Bazar Sita Ram, Delhi-110006 comprising of ground and first floor with arrears of rent, in favour of the respondent/plaintiff and against the appellant/defendant.

(2.) The appeal came up before this Court first on 16th April, 2018, when on the contention of the counsel for the appellant/defendant that the premises are situated in a slum area within the meaning of the Slum Areas (Improvement and Clearance) Act, 1956 and no permission under Section 19 thereof for recovery of possession from appellant/defendant had been taken, notice of the appeal was ordered to be issued. Vide subsequent ex- parte order dated 18th April, 2018, execution of the decree was stayed.

(3.) The counsel for the respondent/plaintiff appears.