SURESH KUMAR Vs. KAVITA GURNANI & ORS

JUDGEMENT

(1.) C.M. Appl. No. 4381/2019 (for exemption)

(2.) For the reasons stated in the applications the delays of 36 days in filing the appeal and 5 days in re-filing the appeal stand condoned, subject to just exceptions.

(3.) This Regular First Appeal under Section 96 of the Code of Civil Procedure, 1908 (CPC) is filed by Sh. Suresh Kumar, impugning the Judgment of the trial court dated 14.08.2018, by which the trial court has decided two cross-suits. One suit was the suit for possession and mesne profits filed by the respondents herein, and who are owners of the suit property being Flat No. 2A/9, Khasra No. 1668, Village Kishan Garh, Vasant Kunj, New Delhi-110070. This flat ad measures 900 sq. ft. This suit for possession and mesne profits which was filed by the respondents, being Suit No. 446/2017 was decreed for possession and mesne profits at Rs. 10,000/- per month from 01.01.2002 till recovery of possession. By the self-same impugned judgment, the suit filed by the present appellant Sh. Suresh Kumar, and who was the defendant in the suit filed by the respondents being Suit No. 445/2017, was dismissed and this Suit No. 445/2017 the present appellant Sh. Suresh Kumar had claimed ownership of the suit property on the ground that he was engaged as a labour contractor by the respondent/plaintiff and in token of his services he was granted ownership of the suit flat.