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2013 Supreme(Del) 130

S.RAVINDRA BHAT, S.P.GARG
Madhur Bhargava – Appellant
Versus
Arati Bhargava – Respondent


Advocate Appeared:
For the Appearing Parties:Ram Jethmalani, Sr. Advocate with Alok Kumar, Ms. Lata Krishnamurti, Karan Kalia, Ashish, Pranav Diesh, Advocates, Kailash Vasdev, Sr. Advocate with Ms. Shraddha Bhargava, Ms. Richa Kapoor, Virender Goswami with Ms. Soni Singh, Sankalp Sharma, Advocates.

Judgment :

S. Ravindra Bhat, J.

1. This common judgment will dispose of four first appeals (RFA Nos. 732, 855, 878 and 912 of 2003) which challenge the judgment dated 23.08.2003 of the learned Additional District Judge (hereafter “the Trial Court”) in Suit no 188 of 2000. The suit, was instituted by Ms. Madhur Bhargava, Ms. Gayatari Bhargava and Ms. Shraddha Bhargav; (hereafter “the plaintiffs”); the defendants were Arati Bhargava, Bharati Bhargava, (hereafter referred to as D-1 and D-2 or collectively as “the sisters”) and Ajay Sanghi (third defendant) and Ekta Agro Industries Ltd. (fourth defendant) (hereafter referred to as “the tenants” or “D-3” and “D-4”). The plaintiffs’ appeal (RFA No. 732/2003) is restricted to the denial of mesne profits. The sisters’ appeal (RFA 855/2003) challenges the findings and decree of the trial court denying their title to the suit property as well as the decree for possession; whereas the tenants’ appeals (RFA NOs. 878/03 and 912/03) challenge the decree for possession granted to the plaintiffs, against them.

2. The plaintiffs sought a decree for possession and mesne profits in respect of the second floor terrace with construction thereon of Prop





























































































































































































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