ATUL GULATI Vs. VARSHA MEHRA

JUDGEMENT

(1.) This second appeal is against the judgment dated 01.09.2018 passed by the learned District and Sessions Judge, South-East District, Saket Courts, New Delhi in RCT/ARCT No.22/2018 whereby the order dated 21.07.2018 passed by the learned ACJ/CCJ/ARC, South-East District, Delhi was upheld.

(2.) The facts as alleged by the petitioner are as under:-

(3.) In the appeal the foremost argument raised by the appellant is qua the user of basement. It is argued the basement being not allowed to be used for commercial purposes under the Master Plan 2021, the learned Courts below ought not to have directed the appellants to be put in possession of the basement to run their garment shop. It is alleged by the appellants as per the Municipal Bye laws, the basement can only be used for storage purposes as such the orders passed the learned Trial Court, the appellate Court as also of the learned executing Court(s) are void and non est.