ROSHAN LAL Vs. RAM NATH GARG

JUDGEMENT

(1.) The present petition has been filed challenging the impugned order dated 29th July, 2016 by which three applications, filed by the Respondent/Plaintiff (hereinafter, "Plaintiff"), have been disposed of by the Ld. Civil Judge. The main contest is in respect of the application seeking appointment of a Local Commissioner and the application for leading additional evidence.

(2.) The dispute arises out of a suit for possession filed by the Plaintiff-Shri Ram Nath Garg. The case of the Plaintiff is that he is the owner of the property bearing no.4/47, forming part of property No.605, area measuring 50 Sq. Yards out of Khasra No.780, min. situated in the area of village Chandrawali, Shahdara in the abadi of block No.4, Vishwas Nagar, Shahdara, Delhi-32 (hereinafter, the "suit property"). The case of the Plaintiff is that the Petitioner/Defendant - Shri Roshan Lal (hereinafter, "Defendant") is running a factory in property bearing no.4/48. Owing to the fact that the Defendant had requested for usage of property no.4/47, the same was given to the Defendant for use and occupation, however, the same was not vacated and hence, the suit for possession. The prayer in the suit reads as under:

(3.) In the written statement, the stand of the Defendant is stated as under: