JUDGMENT

Abhay Manohar Sapre, J.

1. Leave granted.

2. This appeal is filed against the final judgment and order dated 31.10.2018 passed by the High Court of Delhi at New Delhi in Ex.F.A. No.42 of 2018 whereby the High Court allowed the appeal filed by the respondent herein and set aside the order dated 22.10.2018 passed by the ADJ-02 & Waqf Tribunal, New Delhi District, New Delhi in Execution No.5665 of 2016.

3. A few facts need mention hereinbelow for the disposal of this appeal, which involves a short point.

4. The appellant is the plaintiff/decree holder and the respondent is the defendant/judgment debtor.

5. The dispute arises out of the execution proceedings and it emanates from Civil Suit No. 369/2009 (new No.675/2009) decided on 01.06.2012.

6. The appellant is the landlord of a Flat-G-81, IInd floor along with one Servant Quarter J-3-62, IIIrd floor situated at Sujan Singh Park, New Delhi (hereinafter referred to as "suit house”).

7. The appellant let out the suit house to the father of the original respondent-Late Mr. R.L. Kapur as back as in 1959. The appellant, however, determined the tenancy by serving a quit notice to Mr. R.L. Kapur on 21.12.2004. Mr. R.L. Kapur died on