JITO Vs. SHANTI DEVI

JUDGEMENT

(1.) The appellant/defendant, being aggrieved by the judgment and decree dtd. 28/8/1999 passed by the learned Additional District Judge, Gurgaon whereby the well-reasoned judgment and decree dtd. 22/3/1997 of the learned Additional Civil Judge (Senior Division), Gurgaon was erroneously reversed respectfully invokes the appellate jurisdiction of this Court through the instant Regular Second Appeal (for short to be referred as 'RSA'). The appellant seeks restoration of the decree rightly rendered by the Trial Court and appropriate redressal for the substantial injustice occasioned.

(2.) For the sake of coherence and continuity, the parties shall, hereinafter, be described as the plaintiff and defendant, in accordance with their respective positions before the learned Trial Court. The essential and relevant facts underpinning the initiation of the present proceedings are succinctly delineated below:-

(3.) Notice of the suit was issued, prompting the defendant to file a written statement raising preliminary objections regarding maintainability, locus standi, estoppel, and alleged suppression of material facts, thereby disputing the plaintiff's entitlement to equitable relief.