PARDEEP KUMAR GUPTA Vs. JUGNU AND OTHERS

JUDGEMENT

(1.) This judgment shall dispose of aforementioned two RSA No. 3637 of 2013 titled as 'Pardeep Kumar Gupta vs. Jugnu and others and RSA No. 3638 of 2013 titled as 'Pardeep Kumar Gupta vs. Deepak Kumar and another' as the common questions of facts and law arise in both these appeals.

(2.) RSA No. 3637 of 2013 is directed by the defendant Pardeep Kumar Gupta against the judgment and decree dated 16.8.2013 passed by Mrs.Vani Gopal Sharma, Additional District Judge, Gurgaon whereby the judgment and decree dated 17.12.2012 passed by Ms. Guneet Arora, Civil Judge (Junior Division), Gurgaon was set aside and the suit of the plaintiffs for mandatory injunction was decreed. The defendant was directed to hand over the vacant and peaceful possession of the suit property to the plaintiff within one month.

(3.) On notice, the defendants appeared and filed written statement taking preliminary objections of maintainability, locus standi, cause of action. Tenancy of the plaintiff was denied. It was pleaded that the shop in question was given to the plaintiff as a licencee. The factum of tenancy was denied. The remaining averments of the plaint were denied.